RABOUIN v. METROPOLITAN LIFE INSURANCE COMPANY


25 A.D.3d 349 (2006)

806 N.Y.S.2d 584

JOYCE RABOUIN, Respondent, v. METROPOLITAN LIFE INSURANCE COMPANY, Appellant. MARK QUIELLO, Respondent, v. METROPOLITAN LIFE INSURANCE COMPANY, Appellant.

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

January 5, 2006.


In order to obtain class certification, the burden is on plaintiff to satisfy the five prerequisites set forth in CPLR 901 (a):

"1. the class is so numerous that joinder of all members, whether otherwise required or permitted, is impracticable;

"2. there are questions of law or fact common to the class which predominate over any questions affecting only individual members;

"3. the claims or defenses of the representative parties are typical of the...

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