Appellate Division of the Supreme Court of New York, 2005

Ganci v. Cape Canaveral Tour & Travel, Inc.

Appellate Division of the Supreme Court of New York · Decided August 8, 2005

21 A.D.3d 399; 799 N.Y.S.2d 737; 2005 N.Y. App. Div. LEXIS 8394

Cases that cite this one

3 later published cases cite this decision.

J. A. Weitzman, Inc. v. Lerner, Cumbo & Associates, Inc. (Appellate Division of the Supreme Court of New York 2007)
Giovanniello v. Carolina Wholesale Office Machine Co. (Appellate Division of the Supreme Court of New York 2006)
Leyse v. Flagship Capital Services Corp. (Appellate Division of the Supreme Court of New York 2005)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

In a putative class action, inter alia, to recover damages for violation of the Telephone Consumer Protection Act (47 USC § 227), the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme *400Court, Kings County (Barasch, J.), dated January 9, 2004, as granted the motion of the defendant King’s Creek Plantation, LLC, to dismiss the complaint pursuant to CPLR 3211 (a) (7) to the extent of dismissing the class action allegations and associated class action relief insofar as asserted against it.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the defendant King’s Creek Plantation, LLC.

For the reasons set forth in Rudgayzer & Gratt v Cape Canaveral Tour & Travel, Inc. (22 AD3d 148 [2005] [decided herewith]), a class action may not be maintained in this case (see CPLR 901 [b]).

In light of our determination, we do not reach the remaining contention of the defendant King’s Creek Plantation, LLC. Adams, J.P., Krausman, Fisher and Lifson, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.