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HOSSAIN v. CITY OF NEW YORK

0406889/2007, Motion Seq. 002

2008 NY Slip Op 32395 (U)

KAZI HOSSAIN, MOHAMMED AKHAND, and MOHAMMED ALI, v. CITY OF NEW YORK, and THOMAS R. FRIEDEN, Commissioner of the Department of Health and Mental Hygiene, Defendants.

Supreme Court of the State of New York, County of New York.

Motion Date: July 10, 2008.

DECISION AND ORDER

KAREN S. SMITH, J.S.C.:

Plaintiffs' motion for an order certifying the action as a class pursuant to CPLR § 901 et seq., is granted for the reasons stated more fully below.

Plaintiffs, licensed food vendors who sell boiled hot dogs from mobile carts in the City of New York, brought this action seeking declaratory and injunctive relief, in addition to damages, alleging that defendants City of New York and Thomas R. Frieden...

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