The complaint states a cause of action under amended General Municipal Law § 205-a. However, by commencing one action joining 66 plaintiffs rather than 66 separate actions, plaintiffs defeated the Legislature's main reason for converting from a commencement-by-service to a commencement-by-filing system under amended CPLR 304, i.e., to raise money for State coffers by requiring the payment of a filing fee when an action is commenced (Matter of Fry v. Village of Tarrytown, 89 N.Y.2d 714, 719). To the extent various circumstances concerning various plaintiffs might be similar enough to warrant joinder, such cannot be determined upon the instant papers, and should be addressed by the motion court after the remaining 65 plaintiffs have had a fair opportunity to commence separate actions. Pursuant to defendant's agreement at oral argument, the Statute of Limitations is tolled and shall not be a bar to the re-filings allowed herein.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.