New York Supreme Court October 11, 1978 (Evans v. City of Johnstown)

OPINION OF THE COURT

Edmund L. Shea, J.

This is a motion made pursuant to CPLR 3211 (subd [a], par 7) to dismiss the fourth, fifth and seventh causes of action of an amended complaint. The plaintiffs cross-move pursuant to CPLR article 9 for an order allowing the action to proceed in class form and determining that notice of the pendency of the action need not be given to the members of the class.