Kahn v Astoria Fed. Sav. & Loan Assn.
2010 NY Slip Op 02516 [71 AD3d 955]
March 23, 2010
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 28, 2010


Bernard Kahn et al., Appellants,
v
Astoria Federal Savings and Loan Association, Respondent.

—[*1] Jaroslawicz & Jaros, LLC, New York, N.Y. (David Tolchin of counsel), and Weiss & Lurie, New York, N.Y., for appellants (one brief filed).

Gordon & Rees LLP, New York, N.Y. (Joseph Salvo of counsel), for respondent.

In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal from an order of the Supreme Court, Kings County (Schack, J.), dated July 17, 2009, which denied their motion, inter alia, for class action certification pursuant to CPLR article 9.

Ordered that the order is affirmed, without costs or disbursements.

Under the circumstances of this case, the Supreme Court correctly denied the plaintiffs' motion, inter alia, for class action certification (see CPLR 901 [a]). Fisher, J.P., Dillon, Dickerson and Belen, JJ., concur.