Benjamin Greenfield (Partner-Philadelphia, PA) obtained a unanimous decision from the First Department Appellate Division, upholding denial of the plaintiff’s motion to certify its action as a class action on behalf of the largest casino operator in New York City. The plaintiff was banned from the casino for smashing a gaming machine and his refusal to pay for the damage. The plaintiff attempted to certify his claims as a class action, arguing that the casino improperly demands restitution and threatens arrest if patrons refuse to pay for the costs of repairs to the property they damaged. The trial court, in denying plaintiff’s Motion to Certify, ruled that NYS Gaming Bulletin #22, which requires casinos to detain individuals suspected of damaging casino property and to conduct an individualized investigation into the actions of each patron, is “a valid directive issued by the Gaming Commission that is legally binding on [the casino] and governs and authorizes certain actions by [the casino].” The Appellate Division affirmed this decision and specifically rejected the plaintiff’s contention that in publishing Bulletin 22, the Gaming Commission did not follow the rulemaking procedures set forth in the State Administrative Procedure Act, and agreed with the arguments set forth by Ben that the plaintiff’s claims involved unique circumstances that do not mirror those underlying the claims of the class proposed. Accordingly, the Court agreed that typicality is lacking and certification would not be proper. This is a notable decision that thwarts an attempted significant class action. At the very early stages of this matter, the plaintiff’s attorneys attempted to force our client into an early settlement by having an article published in the New York Post.