Ordered that the order is modified, on the law and the facts, by deleting the provision thereof granting that branch of the motion which was for class action certification and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed, with costs to the plaintiffs.
The Supreme Court properly conducted a nonjury trial, in effect, pursuant to CPLR 3212 (c) to determine issues of fact raised on the competing motions for...
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