Class Action Inappropriate To Determine Hurricane Sandy Damages—Breach of Warranty of Habitability—Unjust Enrichment—Constructive Eviction
The plaintiffs commenced a “putative bilateral class action.” They sought “to represent a class of all renters in the State of New York against a defendant class of all landlords in the State of New York to obtain rent rebates for violations of the warranty of habitability [warranty] caused by Superstorm Sandy.” The court addressed issues relating to “the suitability of the class representatives, due process, and…other serious problems.” Many of such questions “will ultimately be adjudicated in a class certification motion.” However, “given the myriad unprecedented issues—both factual and legal—and the enormous cost of discovery, the court stayed discovery pending the resolution” of this summary judgment motion by defendants. The plaintiffs had cross moved to file an amended complaint.
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