Jim & Phil's Family Pharmacy, Ltd. v. Aetna US Healthcare, Inc.
Decision Date | 13 April 2000 |
Citation | 271 A.D.2d 281,707 N.Y.S.2d 58 |
Court | New York Supreme Court — Appellate Division |
Parties | JIM & PHIL'S FAMILY PHARMACY, LTD., et al., Respondents,<BR>v.<BR>AETNA U. S. HEALTHCARE, INC., Appellant. |
Concur — Nardelli, J. P., Williams, Tom, Lerner and Rubin, JJ.
In this action, over 1,600 pharmacies participating in "Pharmacy Service Agreements" with defendant seek to recover funds allegedly withheld in violation of a provision for the semi-annual distribution of monies remaining in a contingency fund maintained by defendant. The motion court properly exercised its discretion in granting plaintiffs' motion for class certification given the predominance of common issues of fact and law among the claims of the individual class members (see, CPLR 901 [a] [2]; Weinberg v Hertz Corp., 116 AD2d 1, 7, affd 69 NY2d 979; Friar v Vanguard Holding Corp., 78 AD2d 83, 97-98), which derive from the same practice or conduct by defendant (CPLR 901 [a] [3]; Friar v Vanguard Holding Corp., supra, at 99). In light of the large number of potential claimants, the close similarity of their claims, and the relatively small potential recovery by each individual claimant, a class action is not only the superior method for the fair and efficient adjudication of the controversy (see, CPLR 901 [a] [5]) but the only economically viable means of pursuing redress (see, Pruitt v Rockefeller Ctr. Props., 167 AD2d 14, 24). If, as defendant's answer asserts, there was no balance remaining to be distributed to plaintiffs at the end of the two semi-annual periods in dispute, the matter can be summarily disposed of...
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