New York Court of Appeals

Frederick A. O’Hara v. Alfred B. Del Bello, as…

June 12, 197947 N.Y.2d 363

Summary

The Court affirmed the summary judgment awarded to the named petitioner and modified the appellate division's order to limit relief to that petitioner because the proceeding failed to comply with CPLR article 9 class‑action procedures. The dissent argued that the case should be remitted for a class‑certification determination.