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KLEIN v. ROBERT'S AM. FOOD

28 A.D.3d 63 (2006)

808 N.Y.S.2d 766

VICTOR KLEIN et al., Respondents, v. ROBERT'S AMERICAN GOURMET FOOD, INC., et al., Respondents. MEREDITH BERKMAN, Nonparty Appellant.

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

January 31, 2006.

Attorney(s) appearing for the Case

Jaroslawicz & Jaros, New York City (David Jaroslawicz and Robert J. Tolchin of counsel), for nonparty appellant.

Robert I. Lax, New York City, for plaintiffs-respondents.

Bennett, Moy & Miller, LLP, New York City (Alan J. Bennett and Jeffrey R. Miller of counsel), for Robert's American Gourmet Food, Inc. defendant-respondent.

FLORIO, J.P., MASTRO and RIVERA, JJ., concur.

OPINION OF THE COURT

FISHER, J.

On this appeal, we are presented with a challenge to the certification of a nationwide, settlement-only class action involving, inter alia, claims of fraud and the violation of sections 349 and 350 of the General Business Law. The facts are largely undisputed.

The defendant Robert's American Gourmet Food, Inc. (hereinafter Robert) created and distributed snack food products...

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