New York Court of Appeals
Paul Sperry v. Crompton Corporation…
February 22, 20078 N.Y.3d 204
Summary
The New York Court of Appeals held that the treble‑damages provision of General Business Law § 340 is a penalty within the meaning of CPLR 901(b) and therefore cannot be recovered in a class action. The Court also affirmed the dismissal of the plaintiff's unjust‑enrichment claim for lack of sufficient privity. The order of the Appellate Division was affirmed.