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Pludeman v. Northern Leasing Sys., Inc.
Citations: 142 A.D.3d 914; 40 N.Y.S.3d 25Docket: 101059/04 1522N 1521
Court: Appellate Division of the Supreme Court of the State of New York; September 29, 2016; New York; State Appellate Court
Original Court Document: View Document
Kevin Pludeman and others (plaintiffs-appellants) brought a case against Northern Leasing Systems, Inc. and others (defendants-respondents) concerning lease agreements and related fees. The Appellate Division, First Department, affirmed parts of lower court rulings while modifying others. Specifically, the court upheld the denial of the plaintiffs' motion for sanctions related to discovery violations, allowing for renewal at a future hearing. It also modified the decision to deny the defendants' motion to decertify the class, maintaining class action status concerning the reasonableness of the Loss and Destruction Waiver (LDW) fee for certain lessees but removing plaintiff Chris Hanzsek as a class representative due to his specific lease terms. A fact-finding hearing revealed that class certification was no longer necessary regarding the adequacy of lease information provided to plaintiffs. Testimony indicated that some plaintiffs were not hurried into signing leases and had opportunities to read the documents, contradicting earlier claims of deceptive practices by the defendants. However, the action could still proceed as a class action regarding the LDW fee's reasonableness, as overcharges could constitute a breach of lease agreements regardless of how the leases were presented. The court noted that the plaintiffs did not appeal a ruling related to their cross-motion for judgment, meaning it was not part of the current appeal. The decision from June 21, 2016, was vacated, and this ruling constitutes the official order from the Appellate Division.