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MADDICKS v. BIG CITY PROPS.

No. 67.

34 N.Y.3d 116 (2019)

137 N.E.3d 456

114 N.Y.S.3d 1

2019 NY Slip Op 07519

THERESA MADDICKS et al., Respondents, v. BIG CITY PROPERTIES, LLC, et al., Defendants, and BIG CITY REALTY MANAGEMENT, LLC, et al., Appellants.

Court of Appeals of New York.

Decided October 22, 2019.

Attorney(s) appearing for the Case

Koss & Schonfeld, LLP, New York City ( Simcha D. Schonfeld of counsel), for appellants.

Newman Ferrara LLP, New York City ( Roger Sachar , Lucas Ferrara and Jarred Kassenoff of counsel), for respondents.

Katsky Koring, LLP, New York City ( Adrienne B. Koch , Mark Walfish and Elan R. Dobbs of counsel), for Rent Stabilization Association of NYC, Inc. and another, amici curiae.

Labaton Sucharow LLP, New York City ( Jay L. Himes and Roger Yamada of counsel), for Lower Seaman Tenants Association and another, amici curiae.

OPINION OF THE COURT

Nothing in the CPLR prevents a defendant from moving to dismiss a class action claim pursuant to CPLR 3211. However, a motion to dismiss should not be equated to a motion for class certification. Nothing in the record supports the conclusion of the trial court that the claims for class relief should have...

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