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HUEBNER v. CALDWELL & COOK

139 Misc.2d 288 (1988)

Richard F. Huebner et al., Plaintiffs, v. Caldwell & Cook, Inc., Defendant. Thomas Knowles et al., Plaintiffs, v. Caldwell & Cook, Inc., Defendant. Douglas Smith et al., Plaintiffs, v. Caldwell & Cook, Inc., Defendant. James Ascroft et al., Plaintiffs, v. Caldwell & Cook, Inc., Defendant. Thomas Drews et al., Plaintiffs, v. Ryan Homes, Inc., et al., Defendants. Richard Wachtman et al., Plaintiffs, v. Domus Development Corp. et al., Defendants.

Supreme Court, Monroe County.

March 8, 1988

Attorney(s) appearing for the Case

Easton & Bittker (William E. Easton of counsel), for Caldwell & Cook, Inc., defendant. Faraci, Guadagnino, Lange & Johns for Ryan Homes, Inc., and another, defendants. Sutton, DeLeeuw, Clark & Darcy (Frank R. Monfredo of counsel), for Domus Development Corp. and another, defendants. Shoolman Law Firm, P. C. (Carl L. Shoolman of counsel), for plaintiffs.

RICHARD C. WESLEY, J.

In the instant matter, the defendants comprise a group of builders who constructed homes with allegedly defective siding systems. Each of the plaintiffs purchased a home directly from one of the defendants. Each plaintiff purports to represent a class of individuals who purchased a home from one of the defendant builders and has similarly damaged siding. No motion for class certification...

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