Appellate Division of the Supreme Court of the State of New York September 30, 1997, Appeal No. 2 (Ridge Meadows Homeowners' Ass'n v. Tara Development Co.)

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Although Supreme Court properly found that the prerequisites for class action certification set forth in CPLR 901 (a) have been met, plaintiffs are barred by CPLR 901 (b) from maintaining a class action for the minimum and treble damages imposed by section 349 (h) of the