A class action shall not be dismissed, discontinued, or compromised without the approval of the court. Notice of the proposed dismissal, discontinuance, or compromise shall be given to all members of the class in such manner as the court directs.
R 908.Dismissal, discontinuance or compromise
Article 9. Class Actions · Last amended 1975 · Last verified July 21, 2026
In one sentenceCPLR 908 bars a class action from being dismissed, discontinued, or compromised without court approval, and requires that class members receive notice of the proposed dismissal, discontinuance, or compromise.
Full Text of CPLR 908
Plain-English Summary
A class action belongs to the class, not just to whoever happens to be the named plaintiff, and CPLR 908 makes sure that reality holds even at the moment a case winds down. The section bars a class action from being dismissed, discontinued, or compromised without the court's approval, closing off any chance that a representative plaintiff could quietly walk away, or cut a private deal with the defendant, at the expense of everyone else in the class.
The court's approval role goes hand in hand with notice: whenever a dismissal, discontinuance, or compromise is proposed, the class has to be told, in whatever manner the court directs. That combination, judicial review plus notice to the people bound by the outcome, gives absent class members a chance to raise an objection before their case disappears or settles on terms they never agreed to.
Frequently Asked Questions
Can a class action in New York be settled without a judge's approval?
No. CPLR 908 requires court approval before a class action can be dismissed, discontinued, or compromised.
Do class members get notice before a case is settled or dropped?
Yes. CPLR 908 requires notice of the proposed dismissal, discontinuance, or compromise to be given to all class members in whatever manner the court directs.
Why does New York require court approval before a class action can settle?
Because a settlement or dismissal in a class action affects everyone in the class, not just the named plaintiff, court approval under CPLR 908 guards against a deal that benefits the representative at the expense of absent members.
What's the difference between dismissal, discontinuance, and compromise under CPLR 908?
Dismissal and discontinuance end the case without a settlement, while a compromise resolves it through a negotiated agreement; CPLR 908 requires court approval and class notice for all three.
Who decides how notice of a proposed class-action settlement is given?
The court directs the manner of notice, the same way it does for notice of the action's commencement under CPLR 904.
Does CPLR 908 apply if only part of the case is being dismissed?
The section's language covers dismissal, discontinuance, or compromise of the class action generally, so a resolution affecting the class-wide claims requires the same court approval and class notice.
Amendment History
Add, L 1975, ch 207, § 1, eff Sept 1, 1975.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: class action settlement approval New Yorkdismiss class action New York court approvalclass action settlement notice NYcompromise class action New York