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6 New York opinions name it 2 courts 1980–2023 2 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Pesantez v. Boyle Environmental Services, Inc.green2 sentences2023Lastly, the superiority requirement is satisfied when the damages sustained by each member of the putative class are so modest that it is unlikely that the members would institute separate actions ( Nawrocki at 536; Dabrowski at 635; Englade at 160; Pesantez at 12; Weinberg at 7). 2023Corp. , 82 AD3d 534, 536 [1st Dept 2011] ["Rather, since the damages allegedly suffered by an individual class member are likely to be insignificant, and the costs of prosecuting individual actions would result in the class members having no realistic day in court, we find that a class action is the superior vehicle for resolving this wage dispute."]; Dabrowski at 635 ["Finally, the proposed class action is superior to the prosecution of individualized claims in an administrative proceeding in view of the difference in litigation costs, the laborers' likely insubstantial means, and the modest | 1 | 1 |
Englade v. HarperCollins Publishers, Inc.green2 sentences2023Lastly, the superiority requirement is satisfied when the damages sustained by each member of the putative class are so modest that it is unlikely that the members would institute separate actions ( Nawrocki at 536; Dabrowski at 635; Englade at 160; Pesantez at 12; Weinberg at 7). 2023Corp. , 82 AD3d 534, 536 [1st Dept 2011] ["Rather, since the damages allegedly suffered by an individual class member are likely to be insignificant, and the costs of prosecuting individual actions would result in the class members having no realistic day in court, we find that a class action is the superior vehicle for resolving this wage dispute."]; Dabrowski at 635 ["Finally, the proposed class action is superior to the prosecution of individualized claims in an administrative proceeding in view of the difference in litigation costs, the laborers' likely insubstantial means, and the modest | 1 | 1 |
Pludeman v. Northern Leasing Systems, Inc.green2 sentences2023As noted above, while the jurisprudence premises class certification on satisfaction of the factors in CPLR §§ 901 and 902, there are nevertheless very few appellate decisions, which apply, let alone discuss the factors listed within CPLR § 902 ( see generally Pludeman at 425; Ackerman, 52 AD2d 179 ; Friar , 78 AD2d 83 ). 2023As noted above, while the jurisprudence premises class certification on satisfaction of the factors in CPLR §§ 901 and 902, there are nevertheless very few appellate decisions, which apply, let alone discuss the factors listed within CPLR § 902 ( see generally Pludeman at 425; Ackerman, 52 AD2d 179; Friar , 78 AD2d 83). | 1 | 1 |
Nawrocki v. Proto Construction & Dev. Corp.green2 sentences2023Lastly, the superiority requirement is satisfied when the damages sustained by each member of the putative class are so modest that it is unlikely that the members would institute separate actions ( Nawrocki at 536; Dabrowski at 635; Englade at 160; Pesantez at 12; Weinberg at 7). 2023Corp. , 82 AD3d 534, 536 [1st Dept 2011] ["Rather, since the damages allegedly suffered by an individual class member are likely to be insignificant, and the costs of prosecuting individual actions would result in the class members having no realistic day in court, we find that a class action is the superior vehicle for resolving this wage dispute."]; Dabrowski at 635 ["Finally, the proposed class action is superior to the prosecution of individualized claims in an administrative proceeding in view of the difference in litigation costs, the laborers' likely insubstantial means, and the modest | 1 | 1 |
Dabrowski v. Abax Inc.green2 sentences2023Lastly, the superiority requirement is satisfied when the damages sustained by each member of the putative class are so modest that it is unlikely that the members would institute separate actions ( Nawrocki at 536; Dabrowski at 635; Englade at 160; Pesantez at 12; Weinberg at 7). 2023Corp. , 82 AD3d 534, 536 [1st Dept 2011] ["Rather, since the damages allegedly suffered by an individual class member are likely to be insignificant, and the costs of prosecuting individual actions would result in the class members having no realistic day in court, we find that a class action is the superior vehicle for resolving this wage dispute."]; Dabrowski at 635 ["Finally, the proposed class action is superior to the prosecution of individualized claims in an administrative proceeding in view of the difference in litigation costs, the laborers' likely insubstantial means, and the modest | 1 | 1 |
Weinberg v. Hertz Corp.green2 sentences2023Lastly, the superiority requirement is satisfied when the damages sustained by each member of the putative class are so modest that it is unlikely that the members would institute separate actions ( Nawrocki at 536 ; Dabrowski at 635 ; Englade at 160 ; Pesantez at 12 ; Weinberg at 7). 2023Lastly, the superiority requirement is satisfied when the damages sustained by each member of the putative class are so modest that it is unlikely that the members would institute separate actions ( Nawrocki at 536; Dabrowski at 635; Englade at 160; Pesantez at 12; Weinberg at 7). | 1 | 1 |
In Re Coordinated Pretrial Proceedings in Antibiotic Antitrust Actionsgreen1 sentence1980Bank of Ariz. 56 FRD 448; see, also, Matter of Antibiotic Antitrust Actions, supra). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Globe Surgical Supply v. GEICO Insurance
green
1 sentence2023Co. , 59 AD3d at 145-146 ). b. | 1 | 2023–2023 |
Friar v. Vanguard Holding Corp.
green
2 sentences2023As noted above, while the jurisprudence premises class certification on satisfaction of the factors in CPLR §§ 901 and 902, there are nevertheless very few appellate decisions, which apply, let alone discuss the factors listed within CPLR § 902 ( see generally Pludeman at 425; Ackerman, 52 AD2d 179 ; Friar , 78 AD2d 83 ). 2023As noted above, while the jurisprudence premises class certification on satisfaction of the factors in CPLR §§ 901 and 902, there are nevertheless very few appellate decisions, which apply, let alone discuss the factors listed within CPLR § 902 ( see generally Pludeman at 425; Ackerman, 52 AD2d 179; Friar , 78 AD2d 83). | 1 | 2023–2023 |
Ferrari v. The Natl. Football League
green
1 sentence2018Plaintiffs satisfied the superiority requirement by alleging that the damages likely suffered by each of the tenants range between $475 and $4,500, and "the cost of prosecuting individual actions would deprive many of the putative class members of their day in court" ( Ferrari , 153 AD3d at 1593 ). | 1 | 2018–2018 |
Rucker v. NYC/NYPD License Division
green
1 sentence2011Therefore, this argument is unpreserved for appellate review (see Matter of Rucker v NYC/NYPD License Div., 78 AD3d 535 [2010]). | 1 | 2011–2011 |
Gottlieb v. March Shipping Passenger Services
green
1 sentence1992(Katz v NVF Co., 100 AD2d 470 [1st Dept 1984]; Gottlieb v March Shipping Passenger Servs., 67 AD2d 879 [1st Dept 1979].) Finally, without having to deal with the adequacy issue of CPLR 901 (a) (4), the superiority requirement of CPLR 901 (a) (5) provides that a plaintiff seeking class certification must demonstrate that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. | 1 | 1992–1992 |
Katz v. NVF Co.
green
1 sentence1992(Katz v NVF Co., 100 AD2d 470 [1st Dept 1984]; Gottlieb v March Shipping Passenger Servs., 67 AD2d 879 [1st Dept 1979].) Finally, without having to deal with the adequacy issue of CPLR 901 (a) (4), the superiority requirement of CPLR 901 (a) (5) provides that a plaintiff seeking class certification must demonstrate that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. | 1 | 1992–1992 |
Katz v. Carte Blanche Corp.
green
1 sentence1980The superiority requirement is identical with its counterpart in rule 23 (subd [b], par [3]) of the Federal Rules of Civil Procedure and has been interpreted as requiring the court to examine other adjudicative possibilities and compare them to the class action (see, e.g., Katz v Carte Blanche Corp., 496 F2d 747, cert den 419 US 885 ; Kaufman v Lawrence, 76 FRD 397; cf. Alpert v United States Inds., 59 FRD 491; Shields v Valley Nat. | 1 | 1980–1980 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.