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AGOLLI v. ZORIA HOUSING, LLC

Index Nos. 160843/15, 162351/15. Appeal No. 12403-12403A. Case No. 2019-4719.

188 A.D.3d 514 (2020)

132 N.Y.S.3d 605

2020 NY Slip Op 06695

Blendi Agolli et al., Appellants, v. Zoria Housing, LLC, et al., Respondents, et al., Defendants. Blendi Agolli et al., Appellants, v. Technico Construction Services Inc., Respondent, et al., Defendants.

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

Decided November 17, 2020.

The court reasonably interpreted Borden v 400 E. 55th St. Assoc., L.P. (24 N.Y.3d 382, 400 [2014]) in concluding that 40 was the presumed threshold of numerosity for class certification (CPLR 901[a][1]). Nevertheless, it improvidently exercised its discretion in denying class certification on the ground that plaintiffs failed to satisfy that requirement. The affidavits and documents submitted...

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