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TOSNER v. TOWN OF HEMPSTEAD

12 A.D.3d 589 (2004)

785 N.Y.S.2d 101

JAMES TOSNER et al., Respondents, v. TOWN OF HEMPSTEAD et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 22, 2004.

Ordered that the order is affirmed, with costs.

CPLR article 9, which authorizes class actions and sets forth the criteria to be considered in granting class action certification, must be liberally construed (see Kidd v Delta Funding Corp., 289 A.D.2d 203 [2001]; Liechtung v Tower Air, 269 A.D.2d 363 [2000]; Friar v Vanguard Holding Corp., 78 A.D.2d 83

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