Rabouin v. Metropolitan Life Ins. Co.
Decision Date | 05 January 2006 |
Docket Number | 6416. |
Citation | 806 N.Y.S.2d 584,25 A.D.3d 349,2006 NY Slip Op 00090 |
Parties | JOYCE RABOUIN, Respondent, v. METROPOLITAN LIFE INSURANCE COMPANY, Appellant. MARK QUIELLO, Respondent, v. METROPOLITAN LIFE INSURANCE COMPANY, Appellant. |
Court | New York Supreme Court — Appellate Division |
In order to obtain class certification, the burden is on plaintiff to satisfy the five prerequisites set forth in CPLR 901 (a):
The determination of whether or not a matter qualifies as a class action, after a review of the statutory criteria as applied to the facts at hand, rests within the sound discretion of the motion court. Moreover, this Court is vested with the same discretionary power and may exercise that power, even in those instances where the motion court has not abused its discretion as a matter of law . )
In this matter, we find that although the issuance of dividends may well be governed by New York law, questions concerning the initial policies as to reliance, parol evidence regarding the parties' intentions, and the potential need for the examination of other documents for contract interpretation or amplification, would warrant the application of the law of other jurisdictions. These contract-related considerations, combined with the fact that approximately 30% of the members of the prospective class live in...
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Marcondes v. Fort 710 Assocs.
...The court considers these five factors in its evaluation of whether a class action is appropriate (Rabouin v Metropolitan Life Ins. Co., 25 A.D.3d 349, 350 [1st Dept 2006]). Courts liberally construe the criteria in part because "the Legislature intended article 9 to be a liberal substitute......
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Marcondes v. Fort 710 Assocs., L.P.
...The court considers these five factors in its evaluation of whether a class action is appropriate (Rabouin v Metropolitan Life Ins. Co., 25 A.D.3d 349, 350 [1st Dept 2006]). Courts liberally construe the criteria in part because "the Legislature intended article 9 to be a liberal substitute......
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Marcondes v. Fort 710 Assocs., L.P.
...The court considers these five factors in its evaluation of whether a class action is appropriate (Rabouin v Metropolitan Life Ins. Co., 25 A.D.3d 349, 350 [1st Dept 2006]). Courts liberally construe the criteria in part because "the Legislature intended article 9 to be a liberal substitute......
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Beavers v. Metropolitan Life Ins. Co.
... ... The misallocations allegedly reduced the dividends the plaintiffs and the class received from 1984 to 2000 ... In 1998, an action entitled Rabouin v. Metropolitan Life Insurance Company was commenced on these same facts in New York state court. In 2004, it was certified as a class action on behalf of a nationwide class. See Rabouin v. Metro. Life Ins. Co., No. 111355/98, 2005 WL 3536441, at *5-6 (N.Y.Sup.Ct. Nov. 23, 2005) (describing the ... ...