SIRICA v. CELLULAR TEL. CO.


231 A.D.2d 470 (1996)

647 N.Y.S.2d 219

Alfred F. Sirica, Appellant, v. Cellular Telephone Company, Doing Business as Cellular One, Respondent

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

September 26, 1996


The motion court properly denied class certification. Defendant's contractual liability, if any, is individual in nature, especially in view of its credit policy. We reject plaintiff's argument for a statistically based assessment of damages absent any certain quantification of actual losses of putative class members arising from defects in defendant's system (see, In re Fibreboard Corp., 893 F.2d 706...

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