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GORDON v. FORD MOTOR COMPANY

260 A.D.2d 164 (1999)

687 N.Y.S.2d 369

DAVID Z. GORDON et al., on Behalf of Themselves and All Others Similarly Situated, Appellants, v. FORD MOTOR COMPANY, Respondent.

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

Decided April 1, 1999.

Plaintiffs failed to meet their burden of establishing that common issues of law would predominate in a nationwide class action suit alleging breach of implied warranty of merchantability (see, Ackerman v Price Waterhouse, 252 A.D.2d 179, 194). Certification of a New York class was properly denied since questions affecting individual members of the putative class predominate over common...

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