MATTER OF LONG IS. POWER AUTH. HURRICANE SANDY LITIG.

2018-09629. Index No. 601434/13.

200 A.D.3d 1040 (2021)

161 N.Y.S.3d 174

2021 NY Slip Op 07545

In the Matter of Long Island Power Authority Hurricane Sandy Litigation. John Coyle et al., Respondents, v. Long Island Power Authority, Appellant, et al., Defendant.

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

Decided December 29, 2021.


Attorney(s) appearing for the Case

Rivkin Radler LLP, Uniondale, NY ( Evan H. Krinick , Michael P. Versichelli , Brian L. Bank , Michelle A. Bholan , and Catalina De La Hoz , of counsel), for appellant.

Wolf Haldenstein Adler Freeman & Herz LLP, New York, NY ( Gregory Nespole and Matthew M. Guiney of counsel), Wolf Popper LLP, New York, NY ( Joshua W. Ruthizer and Sean M. Zaroogian of counsel), Parker Waichman LLP, Port Washington, NY ( Jerrold S. Parker , Jay Breakstone , and Michael Werner of counsel), and Douglas & London, P.C., New York, NY ( Michael A. London and Virginia E. Anello of counsel), for respondents (one brief filed).

Hinds-Radix, J.P., Duffy, Barros and Christopher, JJ., concur.


Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and the plaintiffs' motion pursuant to CPLR article 9 for class certification is denied.

On October 29, 2012, Hurricane Sandy devastated portions of the East Coast, including much of Long Island and the Rockaways. As a result of that storm and a nor'easter which followed approximately one week later, approximately 95% of electric...

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