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TINDELL v. KOCH

164 A.D.2d 689 (1991)

Elizabeth Tindell, Individually and on Behalf of All Others Similarly Situated, Respondent, v. Edward I. Koch, as Mayor of The City of New York, et al., Appellants

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

January 29, 1991

Attorney(s) appearing for the Case

Deborah Douglas of counsel (Fay Leoussis with her on the brief; Victor A. Kovner, Corporation Counsel, attorney), for appellants.

Lynn M. Kelly of counsel (Jane E. Booth, Douglas E. Hoffman and Diane Lutwak with her on the brief; The Legal Aid Society, attorneys), for plaintiff.

MILONAS, ROSENBERGER, ASCH and KASSAL, JJ., concur.

ROSS, J. P.

The sole issue on this appeal is, whether the IAS court abused its discretion when it granted the plaintiff's motion for certification of this action as a class action with the plaintiff class generally defined as: "[a]ll senior citizens residing in rent stabilized apartments within the City of New York who presently are eligible, or in the future will be eligible to receive a Senior Citizen Rent...

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