STERNBERG v. CITICORP CREDIT SERVICES, INC., 50 N.Y.2d 856 (1980)

430 N.Y.S.2d 54, 407 N.E.2d 1350

JOSEPH STERNBERG et al., Individually and on Behalf of All Others Similarly Situated, Respondents, v. CITICORP CREDIT SERVICES, INC., et al., Appellants.

Court of Appeals of the State of New York.Argued April 24, 1980
Decided June 3, 1980

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ANDREW J. DI PAOLA, J.

Page 857

[EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

Page 858

John E. Hoffman, Jr., and Stephen F. Ellman for appellants.

Edward Labaton, Mark J. Elder, Robert S. Schachter an Jonathan M. Plasse for Joseph Sternberg and another, respondents.

Sheldon V. Burman for Robert P. Shafton, respondent.

John H. Higgs and Michael B. Evanoff for Eastern States Bankcard Association, Inc., and another, amici curiae.
Robert Abrams, Attorney-General (Shirley Adelson Siegel, Harvey M. Berman and Douglas V. Ackerman of counsel), amicus curiae.

Order affirmed, with costs, for reasons stated in the opinion by Mr. Justice J. IRWIN SHAPIRO at the Appellate Division (69 A.D.2d 352). Question certified answered in the affirmative.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.