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ASHER v. ABBOTT LABORATORIES

290 A.D.2d 208 (2002)

737 N.Y.S.2d 4

AARON ASHER et al., Appellants, v. ABBOTT LABORATORIES et al., Respondents.

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

Decided January 3, 2002.

Private persons cannot bring a class action under the Donnelly Act because the treble damages remedy provided in General Business Law § 340 (5) is a "penalty" within the meaning of CPLR 901 (b), the recovery of which in a class action is not specifically authorized and the imposition of which cannot be waived (Rubin v Nine W. Group, 1999 NY Misc LEXIS 655, *10-14, 1999 WL 1425364, *4-5 [Sup Ct, Westchester County, John DiBlasi, J.]; Russo & Dubin v Allied...

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