Martinez v. American Export Industries, Inc.

Appellate Division of the Supreme Court of New York

Martinez v. American Export Industries, Inc.

48 A.D.2d 803, 369 N.Y.S.2d 447, 1975 N.Y. App. Div. LEXIS 9993

Appellate Division of the Supreme Court of the State of New York·Decided June 17, 1975·Published

Opinion

Order, Supreme Court, New York County, entered on January 22, 1975, insofar as it granted plaintiffs motion to declare this a class action, unanimously reversed, on the law, and motion denied, without costs and without disbursements. Where, as here, a choice of remedies is available to each member of an alleged class, class action status should be denied. (Gaynor v Rockefeller, 15 NY2d 120, 129.) Permitting a class action in this instance would deprive the other debenture holders of their choice of remedies. (Onofrio v Playboy Club of N. Y., 15 NY2d 740.) Concur—Markewich, J. P., Kupferman, Murphy, Capozzoli and Lynch, JJ.

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Order, Supreme Court, New York County, entered on January 22, 1975, insofar as it granted plaintiffs motion to declare this a class action, unanimously reversed, on the law, and motion denied, without costs and without disbursements. Where, as here, a choice of remedies is available to each member of an alleged class, class action status should be denied. (Gaynor v Rockefeller, 15 NY2d 120, 129.) Permitting a class action in this instance would deprive the other debenture holders of their choice of remedies. (Onofrio v Playboy Club of N. Y., 15 NY2d 740.) Concur—Markewich, J. P., Kupferman, Murphy, Capozzoli and Lynch, JJ.

Martinez v. American Export Industries, Inc., 48 A.D.2d 803, 369 N.Y.S.2d 447, 1975 N.Y. App. Div. LEXIS 9993 (N.Y. Ct. App. 1975).

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Opinion

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