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

Summary

The Court affirmed the summary judgment on the petitioner's motion to dismiss, holding that only a question of law was presented and no factual disputes existed, and it limited class‑action relief to the named petitioner because the parties failed to comply with CPLR article 9 requirements. Justice Gabrielli dissented in part, arguing that the majority should have remitted the case for a proper class‑certification determination.