We noted in last year’s survey that there has been a noticeable and positive change in the receptivity of New York courts, especially the Court of Appeals,1 in making our class action statute (CPLR §§901-909) more readily available to groups of litigants. This positive trend continued in 2013 with class actions brought by tenants, New York counties, catering hall servers, stockbrokers and models. In addition, it is time for the Legislature to consider shedding the unnecessary and vestigial CPLR §901(b) so as to make our class action statute as modern and relevant as those of most other states.2
Types of Actions
Luxury Decontrol of Apartments. In Downing v. First Lenox Terrace,3 a class of tenants alleged that the landlords “unlawfully deregulated their apartments under the luxury decontrol provisions of Rent Stabilization Law (Administrative Code of City of NY) §26-501 et seq. (hereinafter RSL) while receiving tax incentive benefits under the City of New York’s J-51 program.”
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