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VASQUEZ v. NATIONAL SEC. CORP.

585, 155613/14.

139 A.D.3d 503 (2016)

29 N.Y.S.3d 809

2016 NY Slip Op 03817

CHRISTOPHER VASQUEZ, Individually and on Behalf of Other Persons Similarly Situated, Respondent, v. NATIONAL SECURITIES CORPORATION, Appellant, et al., Defendant.

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

Decided May 12, 2016.

The motion court correctly required notice of the impending dismissal of the putative class action even though the class had not been certified. The court correctly relied on our decision in Avena v Ford Motor Co. (85 A.D.2d 149 [1st Dept 1982]), the subsequent amendment of Federal Rules of Civil Procedure rule 23 (e) to restrict the notice requirement to dismissals, discontinuances and compromises of "certified class" actions notwithstanding...

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