LEWIS v. FOREST HILLS GARDENS CORP.


253 A.D.2d 541 (1998)

676 N.Y.S.2d 515

Gerald P. Lewis, on Behalf of Himself and All Others Similarly Situated, Appellant, v. Forest Hills Gardens Corporation, Respondent, et al., Defendant

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

August 31, 1998


Ordered that the order is affirmed, with costs.

The Supreme Court did not improvidently exercise its discretion in denying the plaintiff's motion pursuant to CPLR 902 for a determination that the action may be maintained as a class action (see, Karlin v IVF Am., 239 A.D.2d 562). The evidence in the record indicates that the plaintiff is not a suitable representative of the proposed class (see, CPLR...

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