Montera v. KMR Amsterdam LLC, 193 A.D.3d 102 (2021)

Citation: Montera v. KMR Amsterdam LLC, 193 A.D.3d 102 (2021)
Parent Document: Montera v. KMR Amsterdam LLC, 193 A.D.3d 102 (2021)
Jurisdiction: New York (state)
Effective Date: 2021-02-09
Original Source: https://www.courtlistener.com/opinion/4855109/montera-v-kmr-amsterdam-llc/ ↗

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Finally, Supreme Court providently granted class certification. Defendant's property tax records provided sufficient evidence of the number of deregulated units (CPLR 901[a][1]). "As to predominance and typicality, the predominant legal question involves one that applies to the entire class — whether the apartments were unlawfully deregulated pursuant to the Roberts decision", class actions are permitted "where damages differ[] among the plaintiffs" (Borden v 400 E. 55th St. Assoc., L.P., 24 NY3d 382, 399 [2014]; see CPLR 901[a][2],[3]), and the same limitations period applies to all class members.

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