EMILIO v. ROBISON OIL CORP.


63 A.D.3d 667 (2009)

880 N.Y.S.2d 177

VINCENT J. EMILIO, Appellant, v. ROBISON OIL CORP., Doing Business as ROBISON, Respondent.

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

Decided June 2, 2009.


Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, and the plaintiff's motion for class action certification is granted.

The plaintiff, individually and as a proposed representative of a putative class, commenced this action against the defendant alleging for breach of contract, breach of the implied covenant of good faith and fair dealing, and violation of General Business Law § 349 for unilaterally adjusting alleged...

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