CLC/CFI LIQUIDATING TRUST v. BLOOMINGDALE'S, INC.


50 A.D.3d 446 (2008)

855 N.Y.S.2d 497

CLC/CFI LIQUIDATING TRUST et al., Appellants, v. BLOOMINGDALE'S, INC., a Division of FEDERATED DEPARTMENT STORES, INC., et al., Respondents.

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

Decided April 15, 2008.


Plaintiffs allege that during the putative class action period, defendant department stores affiliated with Federated (now Macy's) improperly imposed chargebacks on vendors for merchandise that did not comply with "floor-ready" requirements without giving the reasonable notice required by UCC 2-607, and took certain cash discounts.

Whether a particular lawsuit qualifies as a class action ordinarily rests within the sound discretion of the trial court, although the...

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