BARDSLEY v. GREAT LAKES INDUSTRIAL DEVELOPMENT, LLC

295 CA 21-00115.

206 A.D.3d 1608 (2022)

167 N.Y.S.3d 878

2022 NY Slip Op 03614

Dina Bardsley et al., Individually and as Class Representative Plaintiffs, Appellants, v. Great Lakes Industrial Development, LLC, et al., Respondents. (Appeal No. 1.)

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

Decided June 3, 2022.


Attorney(s) appearing for the Case

VINAL & VINAL, P.C., BUFFALO ( JEANNE M. VINAL OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

NIXON PEABODY LLP, ROCHESTER ( ZACHARY C. OSINSKI OF COUNSEL), FOR DEFENDANT-RESPONDENT GREAT LAKES INDUSTRIAL DEVELOPMENT, LLC.

GOLDBERG SEGALLA LLP, BUFFALO ( MEGHAN M. BROWN OF COUNSEL), FOR DEFENDANT-RESPONDENT INDUSTRIAL MATERIALS RECYCLING, LLC.

Present—Whalen, P.J., Smith, Centra, NeMoyer and Winslow, JJ.


It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: Plaintiffs commenced this action, individually and on behalf of purported classes of similarly situated plaintiffs seeking damages from a multi-day warehouse fire caused by defendants' alleged negligence. In appeal No. 1, plaintiffs appeal from an order denying their motion for, among other things, class certification. Following entry...

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