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BURDICK v. TONOGA, INC.

527117.

179 A.D.3d 53 (2019)

112 N.Y.S.3d 342

2019 NY Slip Op 08461

JAY BURDICK et al., on Behalf of Themselves and All Others Similarly Situated, Respondents, v. TONOGA, INC., Doing Business as TACONIC, Appellant.

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

Decided November 21, 2019.

Attorney(s) appearing for the Case

Greenberg Traurig, LLP, Albany ( Henry M. Greenberg of counsel), for appellant.

Weitz & Luxenberg, PC, New York City ( James J. Bilsborrow of counsel), for respondents.

Mayer Brown LLP, Washington, DC ( Andrew J. Pincus of counsel), for Chamber of Commerce of the United States of America, amicus curiae.

EGAN JR., J.P., MULVEY and DEVINE, JJ., concur.

OPINION OF THE COURT

Appeal from an order of the Supreme Court (McGrath, J.), entered July 6, 2018, which granted plaintiffs' motion for class action certification.

For more than 50 years, defendant has owned and operated a manufacturing facility located in the Town of Petersburgh, Rensselaer County. Defendant's manufacturing...

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