The court did not abuse its discretion in denying partial summary judgment seeking to enforce the opt-out letters and in vacating the opt-out letters in light of the record evidence, which resulted in the inescapable inference that defendants drafted the letters and affidavits, and sent them to potential class members for the purpose of soliciting them to exclude themselves from the class (see Kleiner v First Natl. Bank of Atlanta,
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.
ALFARO v. VARDARIS TECH, INC.
1953, 109673/05
69 A.D.3d 436 (2010)
893 N.Y.S.2d 17
2010 NY Slip Op 74
LUIS ALFARO et al., Respondents, v. VARDARIS TECH, INC., et al., Appellants, et al., Defendant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided January 7, 2010.
Decided January 7, 2010.
Appellate Division of the Supreme Court of New York, First Department.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
- No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.