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MITTELMAN v. GE CAPITAL MORTGAGE SERVICES, INC.

265 A.D.2d 311 (1999)

696 N.Y.S.2d 222

ZISSY MITTELMAN et al., Appellants, v. GE CAPITAL MORTGAGE SERVICES, INC., et al., Respondents, et al., Defendants.

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

Decided October 4, 1999.

Ordered that the orders are affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The court properly denied the plaintiffs' motion to amend the complaint to convert this action into a class action because they failed to meet the prerequisites therefor (see, CPLR 901 [a]; Askey v Occidental Chem. Corp., 102 A.D.2d 130, 137; Scott v Prudential Ins. Co.,

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