In re Consolidated Mutual Insurance

110 A.D.2d 698

Opinion

[699] The claimants have demonstrated that they have met the prerequisites of CPLR 901 for the maintenance of a class action (see, e.g., Hoerger v Board of Educ., 98 AD2d 274, 283). Nothing in the Insurance Law prevents this claim from being pursued as a class action; moreover, Insurance Law former § 543 (now Insurance Law § 7432) has been satisfied by the filing of a notice of claim on behalf of the class (see, Hoerger v Board of Educ., supra, pp 280-281). O’Connor, J. P., Rubin, Lawrence and Eiber, JJ., concur.

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In re Consolidated Mutual Insurance, 110 A.D.2d 698 (N.Y. Ct. App. 1985).

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Related

Hoerger v. Board of Education of the Great Neck Union Free School District
98 A.D.2d 274 (Appellate Division of the Supreme Court of New York, 1983)