Opinion
November 4, 1983
Appeal from the Supreme Court, Monroe County, Siracuse, J.
Present — Hancock, Jr., J.P., Callahan, Denman, Boomer and Moule, JJ.
Order unanimously affirmed, without costs. Memorandum: Inasmuch as the individual claims for damages under subdivision (h) of section 349 and subdivision 3 of section 350-d Gen. Bus. of the General Business Law have been found to be without merit plaintiffs may not, as representatives, maintain a class action based on those sections (see CPLR 901, subd a, par 3; McLaughlin, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C901:4; Kindel v Kaufman Broad Homes, 67 A.D.2d 938; Rapp v Dime Sav. Bank, 64 A.D.2d 964, affd 48 N.Y.2d 658); thus, the class causes of action were properly dismissed.