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Terry v. Town of Huntington

Appellate Division of the Supreme Court of New York, Second Department
May 14, 1984
101 A.D.2d 833 (N.Y. App. Div. 1984)

Opinion

May 14, 1984


Order of the Supreme Court, Suffolk County (Cannavo, J.), dated February 14, 1983, affirmed, with costs. ¶ As this court has very recently stated, a class action against governmental bodies and agencies is generally not the superior method for the fair and efficient adjudication of the controversy (CPLR 901, subd a, par 5), since any determination would, by virtue of the principle of stare decisis, be binding on the governmental body and automatically benefit all persons in the class claimed to be represented regardless of whether they were made plaintiffs in the action through the vehicle of a class action (see Oak Beach v Town of Babylon, 100 A.D.2d 930; see, also, Suffolk Housing Servs. v Town of Brookhaven, 69 A.D.2d 242, 248-249, app dsmd 49 N.Y.2d 799). Mollen, P.J., Titone, Weinstein and Rubin, JJ., concur.


Summaries of

Terry v. Town of Huntington

Appellate Division of the Supreme Court of New York, Second Department
May 14, 1984
101 A.D.2d 833 (N.Y. App. Div. 1984)
Case details for

Terry v. Town of Huntington

Case Details

Full title:RUTH E. TERRY et al., Appellants, v. TOWN OF HUNTINGTON, Respondent, et…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 14, 1984

Citations

101 A.D.2d 833 (N.Y. App. Div. 1984)

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