THE APPELLATE Division, First Department, has dismissed a proposed class action suit against major car manufacturers for alleged seat defects, in what appears to be the court’s first ruling on class actions in which plaintiffs had yet to sustain physical injuries.
The unanimous opinion, written by Justice Eugene Nardelli, cited public policy concerns, saying it “would be manifestly unfair to require a manufacturer to become, in essence, an indemnifier for a loss that may never occur.”
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