GANCI v. CAPE CANAVERAL TOUR AND TRAVEL, INC

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the defendant King's Creek Plantation, LLC.

For the reasons set forth in Rudgayzer Gratt v. Cape Canaveral Tour Travel, Inc. ( 22 AD3d 148 [decided herewith]), a class action may not be maintained in this case ( see CPLR 901 [b]).

In light of our determination, we do not reach the remaining contention of the defendant King's Creek Plantation, LLC.