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CARROLL v. CELLCO PARTNERSHIP

713 A.2d 509 (1998)

313 N.J. Super. 488

Larry CARROLL, on Behalf of Himself and all Others Similarly Situated, Plaintiff-Respondent, v. CELLCO PARTNERSHIP, Defendant-Appellant. Christopher G. KUHN and Rosalind Tyman, on Behalf of Themselves and on Behalf of all Others Similarly Situated, Plaintiffs-Respondents, v. CELLCO PARTNERSHIP, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided June 2, 1998.

Attorney(s) appearing for the Case

Myron D. Cohen (Hunton & Williams) of the New York Bar, admitted pro hac vice, New York City, for defendant-appellant (Tompkins, McGuire & Wachenfeld, Newark, and Mr. Cohen, attorneys; William B. McGuire, Eugene J. Sullivan and William H. Trousdale, Newark, and Christopher M. Mason, on the brief).

Donald P. Alexander (Greenfield & Rifkin) of the Pennsylvania Bar, admitted pro hac vice, Ardmore, PA, for plaintiffs-respondents (Sherman, Silverstein, Kohl, Rose & Podolsky, and Mr. Alexander, attorneys; Alan C. Milstein, Pennsauken, on the brief).

Gail Gottehrer (Lawrence E. Feldman & Associates, Jenkintown, PA) of the Pennsylvania Bar, admitted pro hac vice, Wyncote, PA, for plaintiffs-respondents.

Before Judges DREIER, KEEFE and WECKER.

The opinion of the court was delivered by DREIER, P.J.A.D.

Defendant Cellco Partnership appeals by leave granted from an interlocutory order granting plaintiffs' class certification. Plaintiff Larry Carroll and plaintiffs Christopher G. Kuhn and Rosalind Tyman filed two separate complaints against defendant. The actions were consolidated, and the court deemed Carroll's to be the operative complaint in which the other claims were subsumed. Plaintiffs moved for class...

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