It has taken almost 40 years, but it now appears that a sea change is taking place regarding the certifiability of mass tort class actions involving property damage and/or personal injuries brought pursuant to Article 9 of the CPLR.

Following the groundbreaking Court of Appeals decision in Borden v. 400 East 55th Street, 24 N.Y. 3d 382 (2014), there has been an increase in the number of class actions brought and certified under CPLR Article 9 (see Dickerson, “New York State Class Actions in 2017,” (N.Y.L.J. (11/22/2017); Dickerson, Article 9 of Weinstein Korn Miller, New York Civil Practice, LexisNexis (MB)(2018)).