NICHOLSON v. KeySPAN CORP.

2007-10650, 2007-11428.

2009 NY Slip Op 06413

ROBERT V. NICHOLSON, ET AL., appellants, v. KeySPAN CORP., ET AL., respondents, ET AL., defendants.

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

Decided September 8, 2009.


Attorney(s) appearing for the Case

Reilly, Like & Tenety, Babylon, N.Y. (Irving Like and Richard Hand of counsel), and McCallion & Associates LLP, New York, N.Y., for appellants (one brief filed).

John F. Hastings, Hicksville, N.Y. (Bruce W. Felmly, Manchester, New Hampshire, of counsel), for respondents.

Before: Robert A. Spolzino, J.P., Daniel D. Angiolillo, Cheryl E. Chambers, Plummer E. Lott, JJ.


DECISION & ORDER

ORDERED that the order dated September 28, 2007, is affirmed insofar as appealed from; and it is further,

ORDERED that the order dated October 22, 2007, is affirmed; and it is further,

ORDERED that one bill of costs is awarded to the respondents.

CPLR article 9 authorizes class actions, and sets forth the criteria to be considered in granting class action certification, which are to be liberally construed (see Dank...

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