SIMMONS, JANNACE & STAGG DEFEATS CLAIM FOR CLASS CERTIFICATION

June 08, 2005 Syosset, New York

Simmons, Jannace & Stagg announced today that it obtained a significant ruling on behalf of one of its municipal clients defeating a claim for class certification. The ruling will likely save the firm’s client millions of dollars.

In Neama v. Town of Babylon, et al.,18A.D.3d836,796N.Y.S.644 (2d Dep't 2005), the plaintiffs, who are commercial property owners seeking to recover a special tax assessment they had paid to the firm’s client, sought class certification. New York’s Appellate Division, Second Department, in a unanimous decision, reversed a Suffolk County judge who had certified the case as a class action. In reversing the trial court, the appellate court agreed with us by ruling that the plaintiffs had failed meet the requirements for class certification.

To review the court's decision click here