Landlord's Request to Dismiss Proposed Class Action Was Premature

Tenants of four buildings sued landlord for  improper deregulation and rent overcharge in a proposed class action lawsuit. Tenants claimed that all four building were enrolled in the J-1 tax benefit program and that the building owner entities were all related to one landlord and therefore under common control. Landlord asked the court to dismiss the case, claiming that the individual tenants didn't have enough in common with one another to warrant class treatment. The court ruled against landlord, finding that it would be premature to address claims about the merits of the class action at this point. Landlord could raise its objection again after tenants filed a motion for class certification pursuant to CPLR Sections 901 and 902. 

Quinn v. Parkoff Operating Corp.: Index No. 155195/2017, 2020 NY Slip Op 50880(U)(Sup. Ct. NY; 7/31/20; Reed, J)