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CHERRY v. RESOURCE AMERICA, INC.

15 A.D.3d 1013 (2005)

788 N.Y.S.2d 911

THOMAS CHERRY et al., Individually and on Behalf of all those Similarly Situated, Respondents, v. RESOURCE AMERICA, INC., et al., Appellants.

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

February 4, 2005.

Memorandum:

We conclude that Supreme Court properly granted plaintiffs' motion for class certification pursuant to CPLR article 9, for the reasons set forth in our decision in Freeman v Great Lakes Energy Partners (12 A.D.3d 1170 [2004]). Here, as in Freeman, plaintiffs met their burden of establishing the prerequisites of CPLR 901 (a) and thus established their entitlement to class certification (see generally...

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