The New York Court of Appeals (court) explained that “nothing in the CPLR prevents a defendant from moving to dismiss a class action claim pursuant to CPLR 3211” and that a motion to dismiss “should not be equated to a motion for class certification.”

The court found that “nothing in the record” supported the trial court’s finding that claims for class relief “should have been dismissed short of a judicial determination as to whether the prerequisites of CPLR 902 have been satisfied.” Thus, it affirmed the subject Appellate Division order to the extent it was appealed from.

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