JIM & PHIL'S FAMILY PHARMACY, LTD. v. AETNA U. S. HEALTHCARE, INC.


271 A.D.2d 281 (2000)

707 N.Y.S.2d 58

JIM & PHIL'S FAMILY PHARMACY, LTD., et al., Respondents, v. AETNA U. S. HEALTHCARE, INC., Appellant.

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

Decided April 13, 2000.


In this action, over 1,600 pharmacies participating in "Pharmacy Service Agreements" with defendant seek to recover funds allegedly withheld in violation of a provision for the semi-annual distribution of monies remaining in a contingency fund maintained by defendant. The motion court properly exercised its discretion in granting plaintiffs' motion for class certification given the predominance of common issues of fact and law among the claims of the individual class members...

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