HERNANDEZ v. GATEWAY DEMOLITION CORP.


263 A.D.2d 467 (1999)

691 N.Y.S.2d 915

SABINO HERNANDEZ et al., Appellants, v. GATEWAY DEMOLITION CORP. et al., Respondents.

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

Decided July 12, 1999.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court did not improvidently exercise its discretion in granting that branch of the defendants' motion which was to dismiss the class action allegations of the complaint and denying the plaintiffs' cross motion to certify the action as a class action since the plaintiffs moved one year and three months after the time within which to move to certify a class had expired (see,...

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