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This entry was published on 2014-09-22
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Order allowing class action
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 9
§ 902. Order allowing class action. Within sixty days after the time
to serve a responsive pleading has expired for all persons named as
defendants in an action brought as a class action, the plaintiff shall
move for an order to determine whether it is to be so maintained. An
order under this section may be conditional, and may be altered or
amended before the decision on the merits on the court's own motion or
on motion of the parties. The action may be maintained as a class action
only if the court finds that the prerequisites under section 901 have
been satisfied. Among the matters which the court shall consider in
determining whether the action may proceed as a class action are:

1. the interest of members of the class in individually controlling
the prosecution or defense of separate actions;

2. the impracticability or inefficiency of prosecuting or defending
separate actions;

3. the extent and nature of any litigation concerning the controversy
already commenced by or against members of the class;

4. the desirability or undesirability of concentrating the litigation
of the claim in the particular forum;

5. the difficulties likely to be encountered in the management of a
class action.