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This entry was published on 2014-09-22
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Prerequisites to a class action
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 9
§ 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