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COX v. MICROSOFT CORPORATION

290 A.D.2d 206 (2002)

737 N.Y.S.2d 1

CHARLES COX, Appellant, v. MICROSOFT CORPORATION et al., Respondents.

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

Decided January 3, 2002.

Private persons are precluded from bringing a class action under the Donnelly Act (General Business Law § 340) because the treble damages remedy provided for in subdivision (5) constitutes a "penalty" within the meaning of CPLR 901 (b). General Business Law § 340 does not specifically authorize recovery in a class action and, therefore, this action may not be maintained (Rubin v Nine W. Group, 1999 NY Misc LEXIS 655, *10-14, 1999 WL 1425364, *4-5 [Sup Ct...

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