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KINGS CHOICE NECKWEAR, INC. v. DHL AIRWAYS, INC.

41 A.D.3d 117 (2007)

836 N.Y.S.2d 605

KINGS CHOICE NECKWEAR, INC., et al., Appellants, v. DHL AIRWAYS, INC., et al., Respondents.

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

Decided June 5, 2007.

Whether a particular lawsuit qualifies as a class action matter ordinarily rests within the sound discretion of the trial court, although the Appellate Division is vested with the same discretionary authority that may be exercised even absent an abuse of discretion (Small v Lorillard Tobacco Co., 94 N.Y.2d 43, 52-53 [1999]). However, the party seeking class certification still bears the initial burden of establishing the criteria...

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