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SHELLEY KIDD f/k/a SHELLEY STERN, ET AL., respondents, v. DELTA FUNDING CORPORATION, ET AL., appellants.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

CPLR article 9, which authorizes class action suits in New York, and sets forth the criteria to be considered in granting class action certification, is to be liberally construed (see, Liechtung v. Tower Air, 269 A.D.2d 363; Lauer v. New York Tel. Co., 231 A.D.2d 126, 130; Friar v. Vanguard Holding Corp., 78 A.D.2d 83, 91). The determination to grant class action certification rests in the sound discretion of the Supreme Court, "and any error should be resolved in favor of allowing the class action" (Liechtung v. Tower Air, supra, at 364; Lauer v. New York Tel. Co., supra; Friar v. Vanguard Holding Corp., supra, at 100). Contrary to the defendants' contention, the Supreme Court providently exercised its discretion in determining that the statutory criteria set forth in CPLR 901 was satisfied, and that class certification was warranted (see, Liechtung v. Tower Air, supra; Lauer v. New York Tel. Co., supra; Branch v. Crabtree, 197 A.D.2d 557; Super Glue Corp. v. Avis Rent A Car Sys., 132 A.D.2d 604; Friar v. Vanguard Holding Corp., supra).

FRIEDMANN, J.P., SMITH, ADAMS and COZIER, JJ., concur.

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KIDD v. DELTA FUNDING CORPORATION
(Dec 3, 2001)