Starting in 2012 the Court of Appeals decided to take an active role in encouraging the use of CPLR Article 9 which provides for the aggregation of similar claims in a class action if certain prerequisites are met,1 e.g., a showing of numerosity, predominance of common questions of law or fact, typicality, adequacy of representation and superiority (CPLR 901(a)).2
First, there was Koch v. Acker, Merrall & Condit Co.,3 an individual action wherein the purchaser of allegedly counterfeit wine asserted claims based on the violation of General Business Law (GBL) Sections 3494 (prohibition of misleading and deceptive business practices) and 350 (prohibition of false advertising). In essence, the Court of Appeals made both GBL 349 and 350 certifiable in consumer class actions.5
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