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  • Vincent Settecasi, Pamela Graham, Coree Spencer, Individually And On Behalf Of Others Similarly Situated v. Gotham Hall, Llc, Gotham Hall Operating Entity, Llc, Core Ziegfeld, Llc D/B/A Ziegfeld Balroom, Simon Auerbacher, Bruce A. Kurtz Other Matters - Contract - Other document preview
  • Vincent Settecasi, Pamela Graham, Coree Spencer, Individually And On Behalf Of Others Similarly Situated v. Gotham Hall, Llc, Gotham Hall Operating Entity, Llc, Core Ziegfeld, Llc D/B/A Ziegfeld Balroom, Simon Auerbacher, Bruce A. Kurtz Other Matters - Contract - Other document preview
  • Vincent Settecasi, Pamela Graham, Coree Spencer, Individually And On Behalf Of Others Similarly Situated v. Gotham Hall, Llc, Gotham Hall Operating Entity, Llc, Core Ziegfeld, Llc D/B/A Ziegfeld Balroom, Simon Auerbacher, Bruce A. Kurtz Other Matters - Contract - Other document preview
  • Vincent Settecasi, Pamela Graham, Coree Spencer, Individually And On Behalf Of Others Similarly Situated v. Gotham Hall, Llc, Gotham Hall Operating Entity, Llc, Core Ziegfeld, Llc D/B/A Ziegfeld Balroom, Simon Auerbacher, Bruce A. Kurtz Other Matters - Contract - Other document preview
						
                                

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FILED: NEW YORK COUNTY CLERK 06/06/2018 01:09 PM INDEX NO. 152791/2018 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/06/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------X VINCENT SETTECASI, on behalf of himself and Index No. 152791/2018 others similarly situated, Plaintiffs, -against- VERIFIED ANSWER GOTHAM HALL, LLC, GOTHAM HALL OPERATING ENTITY, LLC, CORE ZIEGFELD, LLC d/b/a ZIEGFELD BALLROOM, SIMON AUERBACHER, BRUCE A. KURTZ, and any other related entities, Defendants. X -------------------------------------------------------------------X (" Hall" Defendants, Gotham Hall, LLC ("Gotham Hall"), Gotham Hall Operating Entity, LLC Entity" "Gotham" (the "Operating Entity") (Gotham Hall and the Operating Entity, collectively, "Gotham"), Core Ziegfeld, LLC d/b/a Ziegfeld Ballroom ("Ziegfeld"), Simon Auerbacher ("Auerbacher") and Defendants" Bruce A. Kurtz ("Kurtz") (Auerbacher and Kurtz, collectively, the "Individual Defendants") "Defendants" (Gotham, Ziegfeld and the Individual Defendants, collectively, "Defendants") by and through their attorneys, Ellenoff Grossman & Schole LLP, as and for their answer to the Verified ("Complaint" ("Plaintiff' Complaint dated March 29, 2018 ("Complaint") filed by Plaintiff Vincent Settecasi ("Plaintiff"), state as follows: STATEMENT" AS TO "PRELIMINARY 1. Paragraph 1 contains no factual allegations requiring a response. To the extent a response is required, Defendants deny the allegations in Paragraph 1, and specifically deny that Defendants unlawfully retained gratuities or overtime compensation from Plaintiff, that any other individuals are similarly-situated to Plaintiff, or that Plaintiff has suffered any injury, but admit that Plaintiff purports to proceed as stated therein. f00597039.DOC.1} 1 of 16 FILED: NEW YORK COUNTY CLERK 06/06/2018 01:09 PM INDEX NO. 152791/2018 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/06/2018 2. Deny the allegations in Paragraph 2 of the Complaint. 3. Deny the allegations in Paragraph 3 of the Complaint, except Gotham Hall and Ziegfeld admit that each have, at times relevant to this action, included a mandatory administrative charge in their respective event contracts. 4. Deny the allegations in Paragraph 4 of the Complaint. 5. Deny the allegations in Paragraph 5 of the Complaint. 6. Deny the allegations in Paragraph 6 of the Complaint, except Gotham Hall and Ziegfeld admit that Plaintiff was not paid any portion of the mandatory administrative charge included in their respective event contracts. 7. Deny the allegations in Paragraph 7 of the Complaint. 8. Paragraph 8 contains no factual allegations requiring a response. To the extent a response is required, Defendants deny the allegations in Paragraph 8, and specifically deny that Plaintiff has suffered any injury, but admits that Plaintiff purports to proceed as stated therein. PARTIES" AS TO "THE 9. Deny knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 9 of the Complaint, except Gotham Hall and Ziegfeld admit that Plaintiff worked during events held at Gotham Hall and at Ziegfeld at times relevant to this action. 10. Paragraph 10 contains a legal conclusion to which no response is required. To the extent a response is required, Gotham Hall admits that it is a limited liability corporation organized and existing under the laws of the State of New York and is authorized to do business in the State of New York, with a principal place of business located at 1356 Broadway, New York, New York 10018, and the Operating Entity, Ziegfeld and the Individual Defendants deny (00597039.DOC.1} 2 2 of 16 FILED: NEW YORK COUNTY CLERK 06/06/2018 01:09 PM INDEX NO. 152791/2018 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/06/2018 knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 10 of the Complaint. 11. Paragraph 11 contains a legal conclusion to which no response is required. To the extent a response is required, the Operating Entity admits that it isa limited liability corporation organized and existing under the laws of the State of New York and is authorized to do business in the State of New York, and Gotham, Ziegfeld and the Individual Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 11 of the Complaint. 12. Paragraph 12 contains a legal conclusion to which no response is required. To the extent a response is required, Ziegfeld admits that itis a limited liability corporation organized and existing under the laws of the State of New York and is authorized to do business in the State of New York, and Gotham Hall, the Operating Entity, and the Individual Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 12 of the Complaint. 13. Deny the allegations in Paragraph 13 of the Complaint, except admit that Auerbacher is the Managing Partner of Gotham Hall and Ziegfeld. 14. Deny the allegations in Paragraph 14 of the Complaint, except admit that Kurtz is the Managing Director of Gotham Hall and Ziegfeld. CCi ALLEGATIONS" AS TO "CLASS 15. Paragraph 15 contains a legal conclusion to which no response is required. To the extent a response is required, Defendants deny the allegations in Paragraph 15 of the Complaint. (00597039.DOC. I } 3 3 of 16 FILED: NEW YORK COUNTY CLERK 06/06/2018 01:09 PM INDEX NO. 152791/2018 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/06/2018 16. Paragraph 16 contains no factual allegations requiring a response. To the extent a response is required, Defendants deny the allegations in Paragraph 16, but admit that Plaintiff purports to proceed as stated therein. 17. Paragraph 17 contains a legal conclusion to which no response is required. To the extent a response is required, Defendants deny the allegations in Paragraph 17 of the Complaint, and specifically deny that this action may be maintained as a class action. 18. Paragraph 18 contains a legal conclusion to which no response is required. To the extent a response is required, Defendants deny the allegations in Paragraph 18 of the Complaint, and specifically deny that this action may be maintained as a class action. 19. Paragraph 19 contains a legal conclusion to which no response is required. To the extent a response is required, Defendants deny the allegations in Paragraph 19 of the Complaint, and specifically deny that this action may be maintained as a class action. 20. Paragraph 20 contains a legal conclusion to which no response is required. To the extent a response is required, Defendants deny the allegations in Paragraph 20 of the Complaint, and specifically deny that this action may be maintained as a class action, but deny knowledge or information sufficient to form a belief as to the truth of the allegations regarding Plaintiff's counsel. 21. Paragraph 21 contains no factual allegations requiring a response. To the extent a response is required, Defendants admit that Plaintiff's counsel is experienced in wage and hour litigation. 22. Paragraph 22 contains a legal conclusion to which no response is required. To the extent a response is required, Defendants deny the allegations in Paragraph 22 of the Complaint, and specifically deny that this action may be maintained as a class action, but deny knowledge or (00597039.DOC. 1} 4 4 of 16 FILED: NEW YORK COUNTY CLERK 06/06/2018 01:09 PM INDEX NO. 152791/2018 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/06/2018 information sufficient to form a belief as to the truth of the allegations regarding the financial resources of Plaintiff or any other putative class member. 23. Paragraph 23 contains a legal conclusion to which no response is required. To the extent a response is required, Defendants deny the allegations in Paragraph 23 of the Complaint, and specifically deny that this action may be maintained as a class action. "FACTS" AS TO 24. Deny the allegations in Paragraph 24 of the Complaint. 25. Deny the allegations in Paragraph 25 of the Complaint, except Gotham Hall and Ziegfeld admit that each entered into contracts with customers relating to private events to be (" Contracts" held at Gotham Hall and Ziegfeld ("Event Contracts"), respectively, at times relevant to this action. 26. Deny the allegations in Paragraph 26 of the Complaint. 27. Deny the allegations in Paragraph 27 of the Complaint. 28. Deny the allegations in Paragraph 28 of the Complaint. 29. Deny the allegations in Paragraph 29 of the Complaint, except Gotham Hall and Ziegfeld admit that each included a mandatory administrative charge in their respective Event Contracts at times relevant to this action. 30. Deny the allegations in Paragraph 30 of the Complaint. 31. Deny the allegations in Paragraph 31 of the Complaint. 32. Deny the allegations in Paragraph 32 of the Complaint. 33. Deny the allegations in Paragraph 33 of the Complaint. 34. Deny the allegations in Paragraph 34 of the Complaint. 35. Deny the allegations in Paragraph 35 of the Complaint. (00597039.DOC. 1} 5 5 of 16 FILED: NEW YORK COUNTY CLERK 06/06/2018 01:09 PM INDEX NO. 152791/2018 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/06/2018 36. Deny the allegations in Paragraph 36 of the Complaint. 37. Deny the allegations in Paragraph 37 of the Complaint, except Gotham Hall and Ziegfeld admit that Plaintiff was not given any portion of the mandatory administrative charge paid to Gotham Hall or Ziegfeld as per the terms of the applicable Event Contract, and aver that Plaintiff was not entitled to any portion of any such mandatory administrative charge. 38. Deny the allegations in Paragraph 38 of the Complaint, except Gotham Hall and Ziegfeld admit that Plaintiff was not given any portion of the mandatory administrative charge paid to Gotham Hall or Ziegfeld as per the terms of the applicable Event Contracts, and aver that Plaintiff was not entitled to any portion of any such mandatory administrative charge. 39. Deny the allegations in Paragraph 39 of the Complaint, except Gotham Hall and Ziegfeld admit that each retained the mandatory administrative charge paid to Gotham Hall or Ziegfeld as per the terms of the applicable Event Contracts. 40. Paragraph 40 contains a legal conclusion to which no response is required. To the extent a response is required, Defendants deny the allegations in Paragraph 40 of the Complaint, and refer the Court to the text of 12 NYCRR § 146-2 for the true and correct contents thereof. 41. Paragraph 41 contains a legal conclusion to which no response is required. To the extent a response is required, Defendants deny the allegations in Paragraph 41 of the Complaint. 42. Deny the allegations in Paragraph 42 of the Complaint. 43. Deny the allegations in Paragraph 43 of the Complaint. 44. Deny the allegations in Paragraph 44 of the Complaint. 45. Deny the allegations in Paragraph 45 of the Complaint. 46. Paragraph 46 contains a legal conclusion to which no response is required. To the extent a response is required, Defendants deny the allegations in Paragraph 46 of the Complaint. (00597039.DOC. 1} 6 of 16 FILED: NEW YORK COUNTY CLERK 06/06/2018 01:09 PM INDEX NO. 152791/2018 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/06/2018 AS TO "FIRST CAUSE OF ACTION AGAINST GRATUITIES" DEFENDANTS: UNLAWFUL WITHHOLDING OF 47. Defendants repeat and reallege their responses to the foregoing paragraphs as though fully set forth herein. 48. Paragraph 48 contains no factual allegations to which a response is required. To the extent a response is required, Defendants deny the allegations in Paragraph 48 of the Complaint, and refer the Court to the text of Labor Law Article 6 § 196-d for the true and correct contents thereof. 49. Paragraph 49 contains no factual allegations to which a response is required. To the extent a response is required, Defendants deny the allegations in Paragraph 49 of the Complaint, and refer the Court to the text of 12 NYCRR 146-2.19(b) for the true and correct contents thereof. 50. Paragraph 50 contains no factual allegations to which a response is required. To the extent a response is required, Defendants deny the allegations in Paragraph 50 of the Complaint, and refer the Court to the text of 12 NYCRR 146-2.19(b) for the true and correct contents thereof. 51. Paragraph 51 contains a legal conclusion to which no response is required. To the extent a response is required, Defendants deny the allegations in Paragraph 51 of the Complaint. 52. Paragraph 52 contains a legal conclusion to which no response is required. To the extent a response is required, Defendants deny the allegations in Paragraph 52 of the Complaint. 53. Paragraph 53 contains a legal conclusion to which no response is required. To the extent a response is required, Defendants deny the allegations in Paragraph 53 of the Complaint. 54. Paragraph 54 contains a legal conclusion to which no response is required. To the extent a response is required, Defendants deny the allegations in Paragraph 54 of the Complaint. (00597039.DOC. 1} 7 of 16 FILED: NEW YORK COUNTY CLERK 06/06/2018 01:09 PM INDEX NO. 152791/2018 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/06/2018 55. Deny the allegations in Paragraph 55 of the Complaint. 56. Deny the allegations in Paragraph 56 of the Complaint. 57. Paragraph 57 contains a legal conclusion to which no response is required. To the extent a response is required, Defendants deny the allegations in Paragraph 57 of the Complaint. 58. Paragraph 58 contains a legal conclusion to which no response is required. To the extent a response is required, Defendants deny the allegations in Paragraph 58 of the Complaint. AS TO "SECOND CAUSE OF ACTION AGAINST VIOLATION" DEFENDANTS: OVERTIME WAGE 59. Paragraph 59 contains no factual allegations to which a response is required. To the extent a response is required, Defendants deny the allegations in Paragraph 59 of the Complaint, except admit that the New York Labor Law contains certain employee protections, and refer the Court to the text of Articles 6 and 19 of the New York Labor Law for the true and correct contents thereof. 60. Paragraph 60 contains no factual allegations to which a response is required. To the extent a response is required, Defendants deny the allegations in Paragraph 60 of the Complaint, and refer the Court to the text of Labor Law Article 6 § 196-d for the true and correct contents thereof. 61. Paragraph 61 contains no factual allegations to which a response is required. To the extent a response is required, Defendants deny the allegations in Paragraph 61 of the Complaint, and refer the Court to the text of Title 12 NYCRR § 146-1.4 for the true and correct contents thereof. 62. Paragraph 62 contains no factual allegations to which a response is required. To the extent a response is required, Defendants deny the allegations in Paragraph 62 of the (00597039.DOC. 1} 8 of 16 FILED: NEW YORK COUNTY CLERK 06/06/2018 01:09 PM INDEX NO. 152791/2018 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/06/2018 Complaint, and refer the Court to the text of New York Labor Law § 651 for the true and correct contents thereof. 63. Paragraph 63 contains a legal conclusion to which no response is required. To the extent a response is required, Defendants deny the allegations in Paragraph 63 of the Complaint. 64. Deny the allegations in Paragraph 64 of the Complaint as they pertain to Plaintiff, but deny knowledge or information sufficient to form a belief as to the truth of the allegations contained therein as they related to members of the putative class. 65. Deny the allegations in Paragraph 65 of the Complaint. 66. Paragraph 66 contains a legal conclusion to which no response is required. To the extent a response is required, Defendants deny the allegations in Paragraph 66 of the Complaint. 67. Paragraph 67 contains a legal conclusion to which no response is required. To the extent a response is required, Defendants deny the allegations in Paragraph 67 of the Complaint. 68. Paragraph 68 contains a legal conclusion to which no response is required. To the extent a response is required, Defendants deny the allegations in Paragraph 68 of the Complaint. AS TO "THIRD CAUSE OF ACTION AGAINST DEFENDANTS: FAILURE TO PAY WAGES" 69. Defendants repeat and reallege their responses to the foregoing paragraphs as though fully set forth herein. 70. Paragraph 70 contains no factual allegations to which a response is required. To the extent a response is required, Defendants deny the allegations in Paragraph 70 of the Complaint, except admit that the New York Labor Law contains certain employee protections, and refer the Court to the text of NYLL Article 6 for the true and correct contents thereof. 71. Paragraph 71 contains no factual allegations to which a response is required. To the extent a response is required, Defendants deny the allegations in Paragraph 71 of the (00597039.DOC. 1} 9 9 of 16 FILED: NEW YORK COUNTY CLERK 06/06/2018 01:09 PM INDEX NO. 152791/2018 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/06/2018 Complaint, and refer the Court to the text of NYLL § 191 for the true and correct contents thereof. 72. Deny the allegations in Paragraph 72. 73. Paragraph 73 contains a legal conclusion to which no response is required. To the extent a response is required, Defendants deny the allegations in Paragraph 73 of the Complaint. 74. Paragraph 74 contains no factual allegations to which a response is required. To the extent a response is required, Defendants deny the allegations in Paragraph 74 of the Complaint, and refer the Court to the text of NYLL § 193 for the true and correct contents thereof. 75. Paragraph 75 contains a legal conclusion to which no response is required. To the extent a response is required, Defendants deny the allegations in Paragraph 75 of the Complaint. 76. Paragraph 76 contains a legal conclusion to which no response is required. To the extent a response is required, Defendants deny the allegations in Paragraph 76 of the Complaint, and specifically deny that Plaintiff or any putative class member has suffered any damages and further deny that Plaintiff or any putative class member is entitled to any relief from Defendants whatsoever. RELIEF" AS TO "PRAYER FOR "Wherefore" Defendants deny that Plaintiff is entitled to any relief demanded in the clause of Plaintiff's Complaint, and is not entitled to any other form of relief whatsoever. (00597039.DOC. 1} 10 10 of 16 FILED: NEW YORK COUNTY CLERK 06/06/2018 01:09 PM INDEX NO. 152791/2018 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/06/2018 Without assuming the burden of proof as to any of the following defenses where the law does not impose such burden on Defendants, Defendants assert the following affirmative defenses: AS AND FOR A FIRST AFFIRMATIVE DEFENSE 77. Gotham Hall and Ziegfeld have fully compensated Plaintiff and all other employees for all work performed. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 78. Plaintiff cannot recover liquidated damages on behalf of himself or any other employees under the New York Labor Law ("NYLL") because the Defendants at alltimes acted in good faith and believed that their conduct was not in violation of the NYLL or any other federal, state or local laws, rules, regulations or guidelines. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 79. To the extent that the Plaintiff could establish that any of the Defendants are liable under the NYLL (and they cannot), recovery must be limited because the Defendants did not act willfully. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 80. Any act or omission on the part of the Defendants was in good faith and it had reasonable grounds for believing that such acts or omissions were not in violation of and were in conformity with NYLL, written administrative regulations, orders, rulings, approvals or interpretations of the U.S. and New York State Departments of Labor and, therefore, some or all of the claims in the complaint are barred. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 81. The Complaint is barred, in whole or in part, by the doctrine of payment. (00597039.DOC. 1} 11 11 of 16 FILED: NEW YORK COUNTY CLERK 06/06/2018 01:09 PM INDEX NO. 152791/2018 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/06/2018 AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 82. In the event it isdetermined that Defendants, or any of them, are liable under the NYLL, such Defendants are entitled to a set-off with respect to Plaintiff and every other employee for monies already paid, including for any hours that a particular employee was not working. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 83. This action is barred, in whole or in part, as a result of Plaintiff's own wrongful and dilatory conduct and his own actions or inactions. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE 84. This action may not be maintained as a class action under Article 9 of the New York Civil Practice Law and Rules. AS FOR A NINTH AFFIRMATIVE DEFENSE 85. Neither Gotham Hall, the Operating Entity, Ziegfeld, Auerbacher nor Kurtz are covered employers under the NYLL as such pertains to Plaintiff's claims. AS FOR A TENTH AFFIRMATIVE DEFENSE 86. Gotham Hall and Ziegfeld each engage individuals, including Plaintiff, to work at their respective private events via a staffing company, and the staffing company is Plaintiff's employer, not Gotham Hall or Ziegfeld. Accordingly, the staffing company is responsible for paying any wages, including overtime wages, to Plaintiff and other individuals hired to work events for Gotham Hall and/or Ziegfeld, not Gotham Hall or Ziegfeld. AS FOR AN ELEVENTH AFFIRMATIVE DEFENSE 87. To the extent any overtime might have been inadvertently underpaid or unpaid, any amounts owed are de minimis and thus Plaintiff may not recover therefor. (00597039.DOC.1} 12 12 of 16 FILED: NEW YORK COUNTY CLERK 06/06/2018 01:09 PM INDEX NO. 152791/2018 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/06/2018 AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE 88. Plaintiff's claim for overtime pay may not be maintained as Plaintiff was paid wages in excess of those required under applicable regulations of the New York State Department of Labor. AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE 89. The Complaint should be dismissed because it fails to state a claim upon which relief may be granted. AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE 90. Gotham Hall and Ziegfeld each, in their respective Event Contracts, very clearly state that the Administrative Charge "equal to twenty-three percent (23%) of the charge to [the beverages" customer] hereunder for food and added to the account as an administrative charge "is not a gratuity; itis not paid to any supervisory or event staff.Any gratuities shall be at [the discretion." customer's] sole AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE 91. Plaintiff's claims may not be maintained as a class action. AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE 92. The putative class is not numerous. AS AND FOR AN SEVENTEENTH AFFIRMATIVE DEFENSE 93. The questions of law or fact are not common to the putative class. AS AND FOR A EIGHTEENTH AFFIRMATIVE DEFENSE 94. The claims or defenses of the parties are not typical of the claims or defenses of the putative class. (00597039.DOC. 1} 13 13 of 16 FILED: NEW YORK COUNTY CLERK 06/06/2018 01:09 PM INDEX NO. 152791/2018 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/06/2018 AS AND FOR A NINETEENTH AFFIRMATIVE DEFENSE 95. The interests of the putative class will not be fairly and adequately protected. AS AND FOR A TWENTIETH AFFIRMATIVE DEFENSE 96. Plaintiff is not similarly situated with those he alleges are putative members of a class. AS FOR A TWENTY-FIRST AFFIRMATIVE DEFENSE 97. Plaintiff is not an adequate representative of the putative class members. AS FOR A TWENTY-SECOND AFFIRMATIVE DEFENSE 98. Plaintiff did not perform any work for Gotham Hall or Ziegfeld until December 2017, and therefore the time period relevant to this action begins on the date Plaintiff first performed services for Gotham Hall or Ziegfeld, and not March 2012 as Plaintiff alleges. AS FOR A TWENTY- THIRD AFFIRMATIVE DEFENSE 99. This action cannot be maintained as a class action because there is no commonality between Plaintiff's circumstances and those of any other employees or former employees of Gotham Hall or Ziegfeld. AS FOR A TWENTY-FOURTH AFFIRMATIVE DEFENSE 100. Should the Court certify this matter as a collective or class action, Defendants reassert each of these affirmative defenses with respect to each class member or person filing a consent to this action. AS AND FOR A TWENTY-FIFTH AFFIRMATIVE DEFENSE 101. Defendants reserve the right to raise additional affirmative defenses and to supplement those asserted herein upon discovery of further information and investigation into Plaintiff's claims. (00597039.DOC.1} 14 14 of 16 FILED: NEW YORK COUNTY CLERK 06/06/2018 01:09 PM INDEX NO. 152791/2018 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/06/2018 WHEREFORE, Defendants respectfully pray that the Court enter judgment dismissing the Complaint, with prejudice, denying each and every one of Plaintiff's claims and prayers for relief, and grant Defendants and such other and further relief as this Honorable Court deems just, equitable and proper. Dated: June 6, 2018 New York, New York ELLENOFF GROSSMAN & SCHOLE LLP By: Amanda M. Fugazy Paul P. Rooney Valerie J. Bluth Ilan Weiser 1345 Avenue of the Americans New York, New York 10105 (212) 370-1300 Attorneys for Defendants (00597039.DOC. 1} 15 15 of 16 FILED: NEW YORK COUNTY CLERK 06/06/2018 01:09 PM INDEX NO. 152791/2018 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/06/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK â€â€â€â€â€â€â€â€â€â€â€â€ ———————————â—†€â€- — †—††—†—†—— -------------------------------------------------------------------X VINCENT SETTECASI, on behalf of himself and Index No. 152791/2018 others similarly situated, Plaintiffs, -against- VERIFICATION GOTHAM HALL, LLC, GOTHAM HALL OPERATING ENTITY, LLC, CORE ZIEGFELD, LLC d/b/a ZIEGFELD BALLROOM, SIMON AUERBACHER, BRUCE A. KURTZ, and any other related entities, Defendants. â€â€ †â€â€ â€â€ â€â€ â€â€ â€â€ â€â€ â€â€ â€â€ â€â€ â€â€ †—â€â€ â€â€â€ â€â€ â€â€ â€â€ â€â€ â€â€ â€â€ â€â€ â€â€