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a.?One or more members of a class may sue or be sued as representative parties on behalf of all if:
1.?the class is so numerous that joinder of all members, whether otherwise required or permitted, is impracticable;
2.?there are questions of law or fact common to the class which predominate over any questions affecting only individual members;
3.?the claims or defenses of the representative parties are typical of the claims or defenses of the class;
4.?the representative parties will fairly and adequately protect the interests of the class; ?and
5.?a class action is superior to other available methods for the fair and efficient adjudication of the controversy.
b.?Unless a statute creating or imposing a penalty, or a minimum measure of recovery specifically authorizes the recovery thereof in a class action, an action to recover a penalty, or minimum measure of recovery created or imposed by statute may not be maintained as a class action.
Cite this article: FindLaw.com - New York Consolidated Laws, Civil Practice Law and Rules - CVP § 901. Prerequisites to a class action - last updated January 01, 2021 | https://codes.findlaw.com/ny/civil-practice-law-and-rules/cvp-sect-901.html
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