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KUDINOV v. KEL-TECH CONSTRUCTION INC.

65 A.D.3d 481 (2009)

884 N.Y.S.2d 413

ALEXANDER KUDINOV et al., Respondents, v. KEL-TECH CONSTRUCTION INC. et al., Appellants, et al., Defendants.

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

Decided August 25, 2009.

The party seeking class certification bears the burden of establishing the criteria prescribed in CPLR 901 (a) (CLC/CFI Liquidating Trust v Bloomingdale's, Inc., 50 A.D.3d 446, 447 [2008]). This burden must be met by providing an evidentiary basis for class certification (Matros Automated Elec. Const. Corp. v Libman, 37 A.D.3d 313 [2007]; Nachbaur v American Tr. Ins. Co., ...

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