N.Y. Civil Practice Law & Rules Section 901
Prerequisites to a class action

a.

One or more members of a class may sue or be sued as representative parties on behalf of all if:

1.

the class is so numerous that joinder of all members, whether otherwise required or permitted, is impracticable;

2.

there are questions of law or fact common to the class which predominate over any questions affecting only individual members;

3.

the claims or defenses of the representative parties are typical of the claims or defenses of the class;

4.

the representative parties will fairly and adequately protect the interests of the class; and

5.

a class action is superior to other available methods for the fair and efficient adjudication of the controversy.

b.

Unless a statute creating or imposing a penalty, or a minimum measure of recovery specifically authorizes the recovery thereof in a class action, an action to recover a penalty, or minimum measure of recovery created or imposed by statute may not be maintained as a class action.

Source: Section 901 — Prerequisites to a class action, https://www.­nysenate.­gov/legislation/laws/CVP/901 (updated Sep. 22, 2014; accessed Dec. 21, 2024).

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Accessed:
Dec. 21, 2024

Last modified:
Sep. 22, 2014

§ 901’s source at nysenate​.gov

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