ROBERTSON v. E. SMALIS PAINTING CO.


134 A.D.2d 881 (1987)

W. Laird Robertson et al., on Behalf of Themselves and All Persons Similarly Situated, Respondents, v. E. Smalis Painting Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 10, 1987


Order unanimously reversed on the law without costs and motion denied.

Memorandum:

Special Term abused its discretion in granting plaintiffs' motion for class action certification. Plaintiffs commenced this action for property damages arising from defendant's preparation and painting of the Skyway Bridge in Buffalo from April 1, 1985 to October 15, 1985. Plaintiffs allege that each suffered property damage, in amounts averaging $300 to $600, from falling debris...

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