Phillipe v. American Express Travel Related Services Co.

Appellate Division of the Supreme Court of New York

Phillipe v. American Express Travel Related Services Co.

188 A.D.2d 268

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 1, 1992

StatusPublished

Cited by1 cases

This text of 188 A.D.2d 268 (Phillipe v. American Express Travel Related Services Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Phillipe v. American Express Travel Related Services Co., 188 A.D.2d 268 (N.Y. Ct. App. 1992).

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Opinion

Order, Su[269]*269preme Court, New York County (Carmen Beauchamp Ciparick, J.), entered April 9, 1992, which granted in part defendant’s motion to strike plaintiff’s pre-class certification interrogatories, unanimously affirmed, with costs.

"[F]or the action to proceed as a class action, plaintiffi ] must demonstrate factually that [she] represents] a genuine class * * * and that there is merit to the action on behalf of such class” (Reiken v Nationwide Leisure Corp., 75 AD2d 551, 553; see also, Simon v Cunard Line, 75 AD2d 283, 288). The court properly granted defendant’s motion with respect to those matters not necessary to support plaintiff’s application for class status. Concur — Milonas, J. P., Ellerin, Ross and Asch, JJ.

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Order, Su[269]*269preme Court, New York County (Carmen Beauchamp Ciparick, J.), entered April 9, 1992, which granted in part defendant’s motion to strike plaintiff’s pre-class certification interrogatories, unanimously affirmed, with costs.

"[F]or the action to proceed as a class action, plaintiffi ] must demonstrate factually that [she] represents] a genuine class * * * and that there is merit to the action on behalf of such class” (Reiken v Nationwide Leisure Corp., 75 AD2d 551, 553; see also, Simon v Cunard Line, 75 AD2d 283, 288). The court properly granted defendant’s motion with respect to those matters not necessary to support plaintiff’s application for class status. Concur — Milonas, J. P., Ellerin, Ross and Asch, JJ.

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Bluebook (online)

188 A.D.2d 268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phillipe-v-american-express-travel-related-services-co-nyappdiv-1992.