N.Y. CPLR § 901

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 901 Prerequisites to a class action. a § 901. Prerequisites to a class action. a. One or more members of aclass may sue or be sued as representative parties on behalf of all if:1. the class is so numerous that joinder of all members, whetherotherwise required or permitted, is impracticable;2. there are questions of law or fact common to the class whichpredominate over any questions affecting only individual members;3. the claims or defenses of the representative parties are typical ofthe claims or defenses of the class;4. the representative parties will fairly and adequately protect theinterests of the class; and5. a class action is superior to other available methods for the fairand efficient adjudication of the controversy.b. Unless a statute creating or imposing a penalty, or a minimummeasure of recovery specifically authorizes the recovery thereof in aclass action, an action to recover a penalty, or minimum measure ofrecovery created or imposed by statute may not be maintained as a classaction.