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HOFFMAN v. FORT 709 ASSOC., L.P.

Index No. 160191/17. Appeal No. 15750. Case No. 2021-01864.

204 A.D.3d 516 (2022)

164 N.Y.S.3d 818

2022 NY Slip Op 02510

Brian Hoffman et al., Appellants, v. Fort 709 Associates, L.P., Respondent.

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

Decided April 19, 2022.

Attorney(s) appearing for the Case

Grimble & LoGuidice, LLP, New York ( Robert Grimble , of counsel) for appellants.

Greenberg Traurig, LLP, New York ( Daniel J. Ansell , of counsel) for respondent.

Concur—Gische, J.P., Webber, Scarpulla, Rodriguez, Higgitt, JJ.

Supreme Court erred in denying class certification on the ground that plaintiffs failed to show that "the class is so numerous that joinder of all members ... is impracticable" (CPLR 901[a][1]). Borden v 400 E. 55th St. Assoc., L.P. (24 N.Y.3d 382, 383 [2014]) and subsequent cases, such as Maddicks v Big City Props., LLC (34 N.Y.3d 116 [2019]), make it clear that qualified plaintiffs...

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