merits of each claim in New York

1978(Society Milion Athena v. National Bank of Greece, 281 N. Y. 282, 292 ; Young v. Shuart, 67 Misc 2d 689, 691 ; Summers v. Wyman, 64 Misc 2d 67, 70 , affd. 36 A D 2d 795.) Each aggrieved person is entitled to determine for himself the appropriate remedy that he will seek if he so desires and, as Judge Fuld noted in Gaynor v. Rockefeller (15 N Y 2d 120, 129-130), an alleged class action against the State charging discriminatory practices, 'each individual claim might be subject to defenses not available against others; and, in general, determination of the merits of each claim would turn on the

1974(Society Milion Athena v. National Bank of Greece, 281 N. Y. 282, 292 ; Young v. Shuart, 67 Misc 2d 689, 691 ; Summers v. Wyman, 64 Misc 2d 67, 70 , affd. 36 A D 2d 795.) Each aggrieved person is entitled to determine for himself the appropriate remedy that he will seek if he so desires and, as Judge Fuld noted in Gaynor v. Rockefeller (15 N Y 2d 120, 129-130), an alleged class action against the State charging discriminatory practices, ‘ ‘ each individual claim might be subject to defenses not available against others; and, in general, determination of the merits of each claim would turn on t

1978(Society Milion Athena v. National Bank of Greece, 281 N. Y. 282, 292 ; Young v. Shuart, 67 Misc 2d 689, 691 ; Summers v. Wyman, 64 Misc 2d 67, 70 , affd. 36 A D 2d 795.) Each aggrieved person is entitled to determine for himself the appropriate remedy that he will seek if he so desires and, as Judge Fuld noted in Gaynor v. Rockefeller (15 N Y 2d 120, 129-130), an alleged class action against the State charging discriminatory practices, 'each individual claim might be subject to defenses not available against others; and, in general, determination of the merits of each claim would turn on the

1974(Society Milion Athena v. National Bank of Greece, 281 N. Y. 282, 292 ; Young v. Shuart, 67 Misc 2d 689, 691 ; Summers v. Wyman, 64 Misc 2d 67, 70 , affd. 36 A D 2d 795.) Each aggrieved person is entitled to determine for himself the appropriate remedy that he will seek if he so desires and, as Judge Fuld noted in Gaynor v. Rockefeller (15 N Y 2d 120, 129-130), an alleged class action against the State charging discriminatory practices, ‘ ‘ each individual claim might be subject to defenses not available against others; and, in general, determination of the merits of each claim would turn on t

1978(Society Milion Athena v. National Bank of Greece, 281 N. Y. 282, 292 ; Young v. Shuart, 67 Misc 2d 689, 691 ; Summers v. Wyman, 64 Misc 2d 67, 70 , affd. 36 A D 2d 795.) Each aggrieved person is entitled to determine for himself the appropriate remedy that he will seek if he so desires and, as Judge Fuld noted in Gaynor v. Rockefeller (15 N Y 2d 120, 129-130), an alleged class action against the State charging discriminatory practices, 'each individual claim might be subject to defenses not available against others; and, in general, determination of the merits of each claim would turn on the

1974(Society Milion Athena v. National Bank of Greece, 281 N. Y. 282, 292 ; Young v. Shuart, 67 Misc 2d 689, 691 ; Summers v. Wyman, 64 Misc 2d 67, 70 , affd. 36 A D 2d 795.) Each aggrieved person is entitled to determine for himself the appropriate remedy that he will seek if he so desires and, as Judge Fuld noted in Gaynor v. Rockefeller (15 N Y 2d 120, 129-130), an alleged class action against the State charging discriminatory practices, ‘ ‘ each individual claim might be subject to defenses not available against others; and, in general, determination of the merits of each claim would turn on t

1978(Society Milion Athena v. National Bank of Greece, 281 N. Y. 282, 292 ; Young v. Shuart, 67 Misc 2d 689, 691 ; Summers v. Wyman, 64 Misc 2d 67, 70 , affd. 36 A D 2d 795.) Each aggrieved person is entitled to determine for himself the appropriate remedy that he will seek if he so desires and, as Judge Fuld noted in Gaynor v. Rockefeller (15 N Y 2d 120, 129-130), an alleged class action against the State charging discriminatory practices, 'each individual claim might be subject to defenses not available against others; and, in general, determination of the merits of each claim would turn on the

1975Each aggrieved person is entitled to determine for himself the appropriate remedy that he will seek if he so desires and, as Judge Fuld noted in Gaynor v Rockefeller ( 15 NY2d 120, 129-30 ), in an alleged class action against the State charging discriminatory practices, "each individual claim might be subject to defenses not available against others; and, in general, determination of the merits of each claim would turn on the particular facts and circumstances involved.” Such a situation prevails in the case at bar, as the wrongs asserted are individual to the different persons involved, diffe

1973(Society Milion Athena v. National Bank of Greece, 281 N. Y. 282, 292 ; see, also, Coolidge v. Kaskel, 16 N Y 2d 559; Brenner v. Title Guar, & Trust Co., 276 N. Y. 230 ; see, also, Onofrio v. Playboy Club of N. Y., 15 N Y 2d 740; Gaynor v. Rockefeller, 15 N Y 2d 120, 129-130.) In those eases, unlike the one before us, determination of the merits of each claim must, perforce, turn on the particular facts and circumstances involved; alternatively, the class , action was held not to lie because a choice of remedies was available and each member “'[was] free to determine for himself the remedy for

1973(Gaynor v. Rockefeller, 15 N Y 2d 120, 129, supra.) tions to tenants that the plan had been approved, or was about to be, in a calculated effort to induce them to buy as the time for acceptance of the plan, with its favorable inducements, was about to expire. “ Obviously, the most obsessing fear of a tenant confronted with a co-operative proposal, and the most paralyzing weapon in the arsenal of the promoter,” observed the court in the quite similar Gilligan case ( 283 App. Div. 157, 162 , affd. 306 N. Y. 974 , supra), “is the possibility that 80% of the tenants [the percentage there required]

1973(Gaynor v. Rockefeller, 15 N Y 2d 120, 129, supra.) tions to tenants that the plan had been approved, or was about to be, in a calculated effort to induce them to buy as the time for acceptance of the plan, with its favorable inducements, was about to expire. “ Obviously, the most obsessing fear of a tenant confronted with a co-operative proposal, and the most paralyzing weapon in the arsenal of the promoter,” observed the court in the quite similar Gilligan case ( 283 App. Div. 157, 162 , affd. 306 N. Y. 974 , supra), “is the possibility that 80% of the tenants [the percentage there required]