On March 29, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
Coree Spencer, Individually And On Behalf Of Others Similarly Situated,
Pamela Graham,
Vincent Settecasi,
and
Bruce A. Kurtz,
Core Ziegfeld, Llc D B A Ziegfeld Balroom,
Gotham Hall, Llc,
Gotham Hall Operating Entity, Llc,
Simon Auerbacher,
for Other Matters - Contract - Other
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 07/26/2022 03:45 PM INDEX NO. 152791/2018
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/26/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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VINCENT SETTECASI, PAMELA GRAHAM, and Index No. 152791/2018 (Perry, J.)
COREE SPENCER, individually and on behalf of others
similarly situated,
Plaintiffs, NOTICE OF MOTION
-against-
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
PLEASE TAKE NOTICE that upon the Affidavit of Bruce A. Kurtz, sworn to on July 26,
2022, and the annexed exhibits thereto, the accompanying Memorandum of Law, and upon all
other pleadings and proceedings herein, Defendants Gotham Hall, LLC, Gotham Hall Operating
Entity, LLC, Core Ziegfeld, LLC, Simon Auerbacher and Bruce A. Kurtz (“Defendants”), by and
through their undersigned attorneys, Ellenoff Grossman & Schole LLP, will move this Court
pursuant to CPLR § 2214, at the Submissions Part, Room 130, at the Courthouse located at 60
Centre Street, New York, New York on September 1, 2022 at 9:30 A.M. or as soon thereafter as
counsel can be heard, for an Order pursuant to CPLR § 902 amending the Court’s April 13, 2022
class action certification order (Dkt. No. 82) and for such further relief as the Court deems just and
proper.
The grounds for the motion are that Plaintiffs’ claims based upon work invoiced after
October 4, 2018, lack merit because, as of that date, both the Defendants’ invoices and contracts
contained disclaimer language that would lead a reasonable customer to conclude that the
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FILED: NEW YORK COUNTY CLERK 07/26/2022 03:45 PM INDEX NO. 152791/2018
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/26/2022
Defendants’ administrative charges were not gratuities. Accordingly, Plaintiffs’ claims based on
invoices issued after that date do not satisfy the commonality and typicality requirements for
maintaining a class action under CPLR § 901(a)(2) and (3). Therefore, the Court should amend
its class certification order to limit the class membership to employees who performed work prior
to October 4, 2018.
PLEASE TAKE NOTICE, that pursuant to CPLR § 2214(b), answering affidavits and
papers, if any, are required to be served upon the undersigned at least seven (7) days before the
return date of this motion and any reply papers shall be served at least one (1) day before the return
date.
Dated: New York, New York
July 26, 2022
ELLENOFF GROSSMAN
& SCHOLE LLP
Attorneys for Defendants
Ilan Weiser, Esq.
1345 Avenue of the Americas, 11th Floor
New York, New York 10105
Tel: (646) 895-7107
Facsimile: (212) 370-7889
Iweiser@egsllp.com
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FILED: NEW YORK COUNTY CLERK 07/26/2022 03:45 PM INDEX NO. 152791/2018 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/26/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------X VINCENT SETTECASI, PAMELA GRAHAM, and Index No. 152791/2018 (Perry, J.) COREE SPENCER, individually and on behalf of others similarly situated, Plaintiffs, NOTICE OF MOTION -against- 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 PLEASE TAKE NOTICE that upon the Affidavit of Bruce A. Kurtz, sworn to on July 26, 2022, and the annexed exhibits thereto, the accompanying Memorandum of Law, and upon all other pleadings and proceedings herein, Defendants Gotham Hall, LLC, Gotham Hall Operating Entity, LLC, Core Ziegfeld, LLC, Simon Auerbacher and Bruce A. Kurtz (“Defendants”), by and through their undersigned attorneys, Ellenoff Grossman & Schole LLP, will move this Court pursuant to CPLR § 2214, at the Submissions Part, Room 130, at the Courthouse located at 60 Centre Street, New York, New York on September 1, 2022 at 9:30 A.M. or as soon thereafter as counsel can be heard, for an Order pursuant to CPLR § 902 amending the Court’s April 13, 2022 class action certification order (Dkt. No. 82) and for such further relief as the Court deems just and proper. The grounds for the motion are that Plaintiffs’ claims based upon work invoiced after October 4, 2018, lack merit because, as of that date, both the Defendants’ invoices and contracts contained disclaimer language that would lead a reasonable customer to conclude that the {01146886.DOCX.1} 1 of 2 FILED: NEW YORK COUNTY CLERK 07/26/2022 03:45 PM INDEX NO. 152791/2018 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/26/2022 Defendants’ administrative charges were not gratuities. Accordingly, Plaintiffs’ claims based on invoices issued after that date do not satisfy the commonality and typicality requirements for maintaining a class action under CPLR § 901(a)(2) and (3). Therefore, the Court should amend its class certification order to limit the class membership to employees who performed work prior to October 4, 2018. PLEASE TAKE NOTICE, that pursuant to CPLR § 2214(b), answering affidavits and papers, if any, are required to be served upon the undersigned at least seven (7) days before the return date of this motion and any reply papers shall be served at least one (1) day before the return date. Dated: New York, New York July 26, 2022 ELLENOFF GROSSMAN & SCHOLE LLP Attorneys for Defendants Ilan Weiser, Esq. 1345 Avenue of the Americas, 11th Floor New York, New York 10105 Tel: (646) 895-7107 Facsimile: (212) 370-7889 Iweiser@egsllp.com {01146886.DOCX.1} 2 2 of 2