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WIN-VENT ARCHITECTURAL WINDOWS v. NGU, INC.

6733N. 652570/16.

161 A.D.3d 702 (2018)

78 N.Y.S.3d 316

2018 NY Slip Op 03909

Win-Vent Architectural Windows, a Division of Extrusions, Inc., Appellant, v. NGU, Inc., Doing Business as Champion Architectural Window and Door, et al., Respondents. (And a Third-Party Action.)

Appellate Division of the Supreme Court of New York, First Department.

Decided May 31, 2018.

The court properly denied class certification on the ground that the prerequisites to a class action (CPLR 901) were not met (see Matros Automated Elec. Const. Corp. v Libman, 37 A.D.3d 313 [1st Dept 2007]). The court correctly discerned the nature of plaintiff's claim under Lien Law article 3-A and that, rather than seeking class certification with regard to a single trust fund pursuant to Lien Law § 77, plaintiff sought to...

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