(Download) "Frederick A. Ohara v. Alfred B. Del Bello" by Court of Appeals of New York * eBook PDF Kindle ePub Free
eBook details
- Title: Frederick A. Ohara v. Alfred B. Del Bello
- Author : Court of Appeals of New York
- Release Date : January 12, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
An affirmance of an award of summary judgment to petitioner, granted on respondents motion to dismiss the petition under CPLR 3211 (subd [a], pars 2, 7) prior to service of an answer, presents no reversible error of law in this court when it appears that the determination on the merits involved only a question of law which was argued by the parties on the motion and respondents have at no time identified or demonstrated the existence of any material factual issues. When there has been a failure to comply with the procedures and requirements of CPLR article 9 for determination of class action status for the litigation, however, class action relief is not available.