Section 2520

Citation: Section 2520
Parent Document: Bartis v. Harbor Tech, LLC, 2016 NY Slip Op 8831 (2016)
Jurisdiction: New York (state)
Effective Date: 2016-12-28
Original Source: https://www.courtlistener.com/opinion/4334594/bartis-v-harbor-tech-llc/ ↗

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Here, the plaintiffs’ arguments with respect to commonality and typicality relate solely to their first through fourth causes of action, which are based upon the premise that the plaintiffs’ apartments are subject to rent stabilization. As discussed above, the defendant has been awarded summary judgment against the plaintiffs with respect to these causes of action. The only remaining causes of action are the fifth cause of action, which alleges breach of the implied warranty of habitability, the sixth cause of action, which alleges a violation of General Obligations Law article 7, and the seventh cause of action, which seeks to recover attorney’s fees, costs, and disbursements. Since the plaintiffs do not argue that there are questions of law or fact common to the class regarding these causes of action that predominate over any questions affecting only individual members, or that their claims with respect to these causes of action are typical of the claims of the class, the Supreme Court providently exercised its discretion in denying that branch of the plaintiffs’ motion which was for class action certification pursuant to CPLR article 9. Conclusion

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