Emilio v. Robison Oil Corp.
Opinion of the Court
In an action, inter alia, to recover damages for violation of General Business Law § 349, the plaintiff appeals from an order of the Supreme Court, Westchester County (Liebowitz, J.), entered October 31, 2007, which denied his motion for class action certification.
Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, and the plaintiffs motion for class action certification is granted.
The plaintiff, individually and as a proposed representative of a putative class, commenced this action against the defendant alleging for breach of contract, breach of the implied covenant of good faith and fair dealing, and violation of General Business Law § 349 for unilaterally adjusting alleged fixed-priced electrical supply charges mid-term. The plaintiff moved for class action certification, which the Supreme Court denied. We reverse.
While the determination to grant or deny class action certification rests in the sound discretion of the court (see Small v
Upon a balanced consideration of all relevant circumstances, we find that the plaintiff meets all of the prerequisites of CPLR 901 (a), and that the Supreme Court improvidently exercised its discretion in denying class action certification. Members of the class appear to number in the multiple hundreds. The members share common questions of fact or law regarding the defendant’s alleged unilateral adjustment of prices in the middle of alleged fixed price terms. The claims of the representative are typical of those of the class. The representative has demonstrated that he can fairly and adequately protect the interests of the class. Finally, the class action procedure appears to be superior to other potential available methods of adjudicating the controversy. A consideration of the factors contained in CPLR 902 does not warrant a different result.
We note, in particular, that class actions are uniformly certified in breach of contract actions, notwithstanding differing damages to individual class members where, as here, there is a
The parties’ remaining contentions have been rendered academic in light of our determination or are without merit. Mastro, J.E, Dillon, Covello and Dickerson, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.