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DAVIES v. S.A. DUNN & CO.

530994, 531613.

200 A.D.3d 8 (2021)

156 N.Y.S.3d 457

2021 NY Slip Op 05751

BRENDA DAVIES et al., on Behalf of Themselves and All Others Similarly Situated, Respondents, v. S.A. DUNN & COMPANY, LLC, Appellant.

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

Decided October 21, 2021.

Attorney(s) appearing for the Case

Beveridge & Diamond, PC, New York City ( Michael G. Murphy of counsel), for appellant.

Michaels & Smolak, PC, Auburn ( Matthew Z. Robb of Liddle & Dubin, PC, Detroit, MI, of counsel, admitted pro hac vice), for respondents.

Hunton Andrews Kurth LLP, New York City ( Jennifer L. Bloom of counsel), for Chamber of Commerce of the United States of America, amicus curiae.

Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP, White Plains ( Robert A. Spolzino of counsel), for National Waste & Recycling Association, amicus curiae.

EGAN JR., J.P., CLARK and REYNOLDS FITZGERALD, JJ., concur with LYNCH, J.; AARONS, J., dissents in a separate opinion.

OPINION OF THE COURT

Appeals (1) from that part of an order of the Supreme Court (McGrath, J.), entered December 16, 2019 in Rensselaer County, which denied defendant's motion to dismiss the negligence cause of action and the class allegations in the complaint, and (2) from an order of said court, entered June 11, 2020 in Rensselaer...

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