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Corsello v. Verizon New York, Inc.
Citations: 76 A.D.2d 941; 907 N.Y.S.2d 431
Court: Appellate Division of the Supreme Court of the State of New York; September 14, 2010; New York; State Appellate Court
In the legal action concerning inverse condemnation, the plaintiffs appealed a November 5, 2009 order from the Supreme Court of Bangs County, which denied their motion for class action certification under CPLR article 9 and their separate motion to amend the first amended complaint. The appellate court dismissed the appeal regarding the motion to amend as academic and affirmed the denial of class action certification. The court found the proposed class definition overly broad and concluded that the plaintiffs failed to demonstrate that common questions of law or fact predominated over individual issues, as required by CPLR 901(a)(2). Additionally, the plaintiffs did not establish that their claims were typical of the proposed class under CPLR 901(a)(3). The decision referenced multiple precedents to support its findings. The appeal concerning the amendment of the first amended complaint was dismissed due to its redundancy in light of a related appeal. The court awarded one bill of costs to the defendants. Justices Dillon, Covello, Angiolillo, and Sgroi concurred with the decision. Prior case history cited was 25 Misc 3d 1221(A).