N.Y. CPLR § 902

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 902 Order allowing class action § 902. Order allowing class action. Within sixty days after the timeto serve a responsive pleading has expired for all persons named asdefendants in an action brought as a class action, the plaintiff shallmove for an order to determine whether it is to be so maintained. Anorder under this section may be conditional, and may be altered oramended before the decision on the merits on the court's own motion oron motion of the parties. The action may be maintained as a class actiononly if the court finds that the prerequisites under section 901 havebeen satisfied. Among the matters which the court shall consider indetermining whether the action may proceed as a class action are:1. the interest of members of the class in individually controllingthe prosecution or defense of separate actions;2. the impracticability or inefficiency of prosecuting or defendingseparate actions;3. the extent and nature of any litigation concerning the controversyalready commenced by or against members of the class;4. the desirability or undesirability of concentrating the litigationof the claim in the particular forum;5. the difficulties likely to be encountered in the management of aclass action.