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OSARCZUK v. ASSOCIATED UNIVS., INC.

2836/1996

2009 NY Slip Op 52695(U)

BARBARA OSARCZUK, JOHN OSARCZUK, HELGA A. DEMPSEY, GARY OSARCZUK, DOROTHY OSARCZUK, CAROL ANGELORA, WILLIAM FERGUSON, DEBORAH FERGUSON, JAMES ANDREJKOVIC, JOAN WEISNER, MICHAEL MIESEMER, BARBARA MIESEMER, VINCENT SCAVONE, ROBERT O'GARA, JEAN O'GARA, PAULINE MODICA, NANCY BOND, FLORENCE CARRANO, RANDY SNELL, INDIVIDUALLY, AND AS PARENT AND GUARDIAN OF LAUREN SNELL, AN INFANT, DONNA J. VELARDO, AND THOMAS CUNNINGHAM, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, Plaintiffs, v. ASSOCIATED UNIVERSITIES, INCORPORATED, COMMONLY KNOWN AS BROOKHAVEN NATIONAL LABORATORY, Defendant.

Supreme Court, Suffolk County.

Decided December 23, 2009.

Attorney(s) appearing for the Case

PLAINTIFFS' ATTORNEYS: RICHARD J. LIPPES & ASSOCIATES, BUFFALO, NEW YORK. GLYNN, MERCEP AND PURCELL, LLP, STONY BROOK, NEW YORK, LYNCH, TRAUB, KEEFE & ERRANTE, NEW HAVEN, CT.

DEFENDANT'S ATTORNEYS: NIXON PEABODY, LLP, JERICHO, NEW YORK.

Joseph Farneti, J.

ORDERED that this motion by plaintiffs for an Order, pursuant to CPLR 901 and 906, directing that this action proceed as a class action, is hereby GRANTED to the extent provided hereinafter. The Court has received opposition to the instant application from defendant ASSOCIATED UNIVERSITIES, INCORPORATED, commonly known as BROOKHAVEN NATIONAL LABORATORY ("BNL").

I. FACTUAL AND PROCEDURAL HISTORY:

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