| Bardsley v Great Lakes Indus. Dev., LLC |
| 2022 NY Slip Op 03615 [206 AD3d 1610] |
| June 3, 2022 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Dina Bardsley et al., Individually and as Class Representative
Plaintiffs, Appellants, v Great Lakes Industrial Development, LLC, et al., Respondents. (Appeal No. 2.) |
Vinal & Vinal, P.C., Buffalo (Jeanne M. Vinal of counsel), for plaintiffs-appellants.
Nixon Peabody LLP, Rochester (Zachary C. Osinski of counsel), for defendant-respondent Great Lakes Industrial Development, LLC.
Goldberg Segalla LLP, Buffalo (Meghan M. Brown of counsel), for defendant-respondent Industrial Materials Recycling, LLC.
Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), dated May 10, 2021. The order, among other things, granted the motion of plaintiffs insofar as it sought leave to reargue their prior motion for class certification and, upon reargument, adhered to the prior order denying plaintiffs' motion for class certification.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Same memorandum as in Bardsley v Great Lakes Indus. Dev., LLC ([appeal No. 1] 206 AD3d 1608 [4th Dept 2022]). Present—Whalen, P.J., Smith, Centra, NeMoyer and Winslow, JJ. [Prior Case History: 71 Misc 3d 1222(A), 2021 NY Slip Op 50459(U).]