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Kahn v. Astoria Federal Savings and Loan Association

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


March 23, 2010

BERNARD KAHN, ET AL., APPELLANTS,
v.
ASTORIA FEDERAL SAVINGS AND LOAN ASSOCIATION, RESPONDENT.

In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal from an order of the Supreme Court, Kings County (Schack, J.), dated July 17, 2009, which denied their motion, inter alia, for class action certification pursuant to CPLR article 9.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

STEVEN W. FISHER, J.P., MARK C. DILLON, THOMAS A. DICKERSON and ARIEL E. BELEN, JJ.

(Index No. 6048/09)

DECISION & ORDER

ORDERED that the order is affirmed, without costs or disbursements.

Under the circumstances of this case, the Supreme Court correctly denied the plaintiffs' motion, inter alia, for class action certification (see CPLR 901[a]).

FISHER, J.P., DILLON, DICKERSON and BELEN, JJ., concur.

20100323

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