Bonime v. Bridge 21, Inc.

Full title: HAROLD BONIME, Appellant, v. BRIDGE 21, INC., et al., Respondents

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 8, 2005

21 A.D.3d 393 (N.Y. App. Div. 2005)

2005 N.Y. Slip Op. 6295

799 N.Y.S.2d 417

Opinion

2004-06134.

August 8, 2005.

In a purported class action to recover damages for violation of the Telephone Consumer Protection Act ( 47 USC § 227), the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Rosenberg, J.), dated May 28, 2004, as granted the defendants' motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint for failure to state a cause of action.

Before: Schmidt, J.P., Mastro, Rivera and Skelos, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

For the reasons set forth in Rudgayzer Gratt v. Cape Canaveral Tour Travel ( 22 AD3d 148 [decided herewith]), a class action may not be maintained pursuant to CPLR 901 (b).