GANCI v. CAPE CANAVERAL TOUR AND TRAVEL, INC.


21 A.D.3d 399 (2005)

799 N.Y.S.2d 737

LILLIAN GANCI, Appellant, v. CAPE CANAVERAL TOUR AND TRAVEL, INC., et al., Defendants, and KINGS'S CREEK PLANTATION, LLC, Respondent.

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

August 8, 2005.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the defendant King's Creek Plantation, LLC.

For the reasons set forth in Rudgayzer & Gratt v. Cape Canaveral Tour & Travel, Inc. (22 A.D.3d 148 [2005] [decided herewith]), a class action may not be maintained in this case (see CPLR 901 [b]).

In light of our determination, we do not reach the remaining contention...

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