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RIDGE MEADOWS HOMEOWNERS' ASS'N, INC. v. TARA DEV. CO., INC.

242 A.D.2d 947 (1997)

665 N.Y.S.2d 361

Ridge Meadows Homeowners' Association, Inc., et al., Respondents, v. Tara Development Company, Inc., et al., Appellants, et al., Defendant. (Appeal No. 2.)

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

September 30, 1997

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Although Supreme Court properly found that the prerequisites for class action certification set forth in CPLR 901 (a) have been met, plaintiffs are barred by CPLR 901 (b) from maintaining a class action for the minimum and treble damages imposed by section 349 (h) of the General Business Law. On this appeal, however, plaintiffs consent to strike that portion...

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