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WEINBERG v. HERTZ CORP.

69 N.Y.2d 979 (1987)

Frederic E. Weinberg, Individually and on Behalf of All Others Similarly Situated, Respondent, v. Hertz Corporation, Appellant.

Court of Appeals of the State of New York.

Decided May 7, 1987.

Attorney(s) appearing for the Case

Peter M. Fishbein, Myron Kirschbaum, Donald Levinson and James F. Clarity for appellant.

Sheldon V. Burman for respondent.

Chief Judge WACHTLER and Judges SIMONS, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum; Judge KAYE taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the question certified answered in the affirmative.

In a prior motion to dismiss the causes of action based upon General Business Law § 349 (h), defendant argued that a class action was not maintainable, even for actual damages, because under CPLR 901 (b) the representative plaintiff...

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