2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 9 - (901 - R909) CLASS ACTIONS
902 - Order allowing class action.

 
    §  902.  Order allowing class action. Within sixty days after the time
  to serve a responsive pleading has expired  for  all  persons  named  as
  defendants  in  an action brought as a class action, the plaintiff shall
  move for an order to determine whether it is to  be  so  maintained.  An
  order  under  this  section  may  be  conditional, and may be altered or
  amended before the decision on the merits on the court's own  motion  or
  on motion of the parties. The action may be maintained as a class action
  only  if  the  court finds that the prerequisites under section 901 have
  been satisfied. Among the matters which  the  court  shall  consider  in
  determining whether the action may proceed as a class action are:
    1.  the  interest  of members of the class in individually controlling
  the prosecution or defense of separate actions;
    2. the impracticability or inefficiency of  prosecuting  or  defending
  separate actions;
    3.  the extent and nature of any litigation concerning the controversy
  already commenced by or against members of the class;
    4. the desirability or undesirability of concentrating the  litigation
  of the claim in the particular forum;
    5.  the  difficulties  likely to be encountered in the management of a
  class action.