Preview
FILED: NEW YORK COUNTY CLERK 07/06/2023 11:59 AM INDEX NO. 155947/2023
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 07/06/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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:
In the Matter of the Application of, :
: Index No. __________/2023
DOORDASH, INC., and GRUBHUB INC., :
:
Petitioners, :
:
For Judgment Pursuant to CPLR Article 78 :
:
– against – :
:
NEW YORK CITY DEPARTMENT OF :
CONSUMER AND WORKER PROTECTION, :
and VILDA VERA MAYUGA, in her official :
capacity as Commissioner of the New York City :
Department of Consumer and Worker Protection, :
:
Respondents. :
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x
AFFIDAVIT OF MARIA NOTARO
STATE OF NEW YORK )
) SS:
COUNTY OF QUEENS )
Maria Notaro, being first duly sworn, deposes and says:
1. My name is Maria Notaro. I am an adult over the age of 18, and I am currently a
part owner and manager of La Guli Pastry Shop, located at 29-15 Ditmars Blvd in Astoria, New
York.
2. I submit this affidavit in connection with DoorDash’s and Gruhbub’s Verified
Article 78 Petition and Application for a Temporary Restraining Order and Preliminary Injunction.
Except as otherwise stated, this declaration is based upon my personal knowledge.
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FILED: NEW YORK COUNTY CLERK 07/06/2023 11:59 AM INDEX NO. 155947/2023
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 07/06/2023
La Guli Pastry Shop
3. For over eight decades, La Guli has been a family affair. My grandfather, Paolo
Notaro, immigrated to New York from Palermo, Italy in 1920 and opened two Italian pastry shops
in Manhattan with his brothers. In 1937, they came to Astoria, then considered “the wilderness”
of Queens, and opened La Guli exactly where it stands today. In fact, the storefront and interior
woodwork, shelves, and terrazzo floor are original and so are the recipes for the delectable pastries,
cookies, and cakes we sell, which are all made from scratch on the premises. I have worked at La
Guli for the past 18 years.
4. La Guli’s margins are very small. We are a “mom and pop” shop. Our pastries are
handmade, which means that our costs are high.
5. Also, our costs have been increasing and it has been getting harder and harder to
run our business profitably. For example, utility costs have increased dramatically in recent years,
and insurance has become more expensive. Plus, the recent minimum-wage increases make it very
difficult and expensive for us to hire employees. These increased costs have put even more
pressure on our margins.
La Guli’s Partnership with DoorDash, Grubhub, and Uber Eats
6. The COVID-19 pandemic was difficult for our business. Part of the reason we
survived the pandemic was by partnering with food-delivery platforms like DoorDash, Gruhbub,
and Uber Eats. These platforms made it possible for us to continue serving our loyal customers.
DoorDash, Grubhub, and Uber Eats also helped us reach new customers to keep our business
running during those particularly difficult times. They have also helped us maintain business
relationships with customers who came to know La Guli when they lived in the neighborhood, but
who have since moved on to other neighborhoods such as Long Island City. Those customers have
2 of 6
FILED: NEW YORK COUNTY CLERK 07/06/2023 11:59 AM INDEX NO. 155947/2023
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 07/06/2023
been able to continue to order our products for delivery, even though they are no longer walk-in
customers.
7. Without DoorDash, Grubhub, and Uber Eats, it is unlikely that La Guli would be
able to deliver food to its retail customers. Sometimes, I personally make deliveries to customers,
such as wedding cakes. But when I leave to make a delivery, then I cannot be at the store, where
I am needed.
8. It is not feasible for La Guli to hire its own delivery drivers to make deliveries to
our retail customers. The costs of hiring a delivery worker, plus the van and insurance, make it
too expensive for La Guli to do delivery on its own. Partnering with DoorDash, Grubhub, and
Uber Eats has allowed us to offer retail delivery service and turn a small but meaningful profit on
our delivery business.
9. If it is not profitable for La Guli to make deliveries, then we will not offer delivery
service. We are not a non-profit business.
How the Delivery Minimum-Earnings Rule Will Affect La Guli
10. I understand that New York City has passed a rule that will impose a minimum
hourly pay requirement for food-delivery workers who deliver orders on platforms like DoorDash.
I also understand that because of that rule, platforms like DoorDash will incur additional costs to
pay those delivery workers, and likely will have to make changes to the prices and services they
offer to consumers and merchants like La Guli. I do not understand where the City thinks the
money will come from to provide additional pay to delivery workers. Obviously, it will have to
come out of the pockets of consumers and small business owners like me. I believe that the
changes resulting from this new Rule will significantly harm La Guli and its customers.
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FILED: NEW YORK COUNTY CLERK 07/06/2023 11:59 AM INDEX NO. 155947/2023
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 07/06/2023
11. First, I understand that DoorDash may raise its commission fees because of the new
rule. Any increase in commissions would be harmful to La Guli. As I explained above, La Guli’s
margins are already very small, and we cannot afford to pay higher commissions.
12. Second, I understand that DoorDash may reduce its delivery range because of the
new rule. This change would be very harmful to La Guli as well. As described above, during the
pandemic, many of our loyal customers moved farther away, including to neighborhoods such as
Long Island City. Many of those customers have continued to order from La Guli with DoorDash.
If those customers are no longer able to order from La Guli, then we will lose their business. That
would severely harm our company.
13. Third, I understand that DoorDash likely will have to raise the prices that it charges
to customers for delivery. In my experience, many of our customers are very price conscious and
will not continue to order our products if prices increase significantly. Many of them cannot afford
to pay more. If the delivery prices are increased, some of our customers will stop ordering from
us, and that will be very harmful to our business.
14. For all of these reasons, I hope that New York City does not raise the cost of food
delivery. Our industry simply cannot afford to bear the increased costs and loss of business volume
that will be caused by the City’s new delivery-worker minimum pay rule.
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FILED: NEW YORK COUNTY CLERK 07/06/2023 11:59 AM INDEX NO. 155947/2023
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 07/06/2023
Dated: New York, New York
July C, 2023
JL ~iffl--~
Maria Notaro
Sworn before me this S- ~ay of July, 2023.
ANGEi.ARIAS
Not.w Pubflc, State of New Yetil
No.01APt6040048
QdalHled ln Quffns Cevnty
Cartlflcate FIie• In New Yllr1< Cclunt¥
~ - Mlftll 6, 20 ,-
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FILED: NEW YORK COUNTY CLERK 07/06/2023 11:59 AM INDEX NO. 155947/2023
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 07/06/2023
ATTORNEY CERTIFICATION PURSUANT TO 22 NYCRR § 202.8-b
I, Gabriel Herrmann, an attorney duly admitted to practice law before the courts of the
State of New York, hereby certify that this Affidavit complies with the word count limit set forth
in 22 NYCRR § 202.8-b because it contains 958 words, excluding the parts of the affidavit
exempted by § 202.8-b(b). In preparing this certification, I have relied on the word count of the
word-processing system used to prepare this affirmation.
Dated: New York, New York
July 5, 2023
/s/ Gabriel Herrmann
Gabriel Herrmann
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Preview
FILED: NEW YORK COUNTY CLERK 07/06/2023 11:59 AM INDEX NO. 155947/2023 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 07/06/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x : In the Matter of the Application of, : : Index No. __________/2023 DOORDASH, INC., and GRUBHUB INC., : : Petitioners, : : For Judgment Pursuant to CPLR Article 78 : : – against – : : NEW YORK CITY DEPARTMENT OF : CONSUMER AND WORKER PROTECTION, : and VILDA VERA MAYUGA, in her official : capacity as Commissioner of the New York City : Department of Consumer and Worker Protection, : : Respondents. : - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -: x AFFIDAVIT OF MARIA NOTARO STATE OF NEW YORK ) ) SS: COUNTY OF QUEENS ) Maria Notaro, being first duly sworn, deposes and says: 1. My name is Maria Notaro. I am an adult over the age of 18, and I am currently a part owner and manager of La Guli Pastry Shop, located at 29-15 Ditmars Blvd in Astoria, New York. 2. I submit this affidavit in connection with DoorDash’s and Gruhbub’s Verified Article 78 Petition and Application for a Temporary Restraining Order and Preliminary Injunction. Except as otherwise stated, this declaration is based upon my personal knowledge. 1 of 6 FILED: NEW YORK COUNTY CLERK 07/06/2023 11:59 AM INDEX NO. 155947/2023 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 07/06/2023 La Guli Pastry Shop 3. For over eight decades, La Guli has been a family affair. My grandfather, Paolo Notaro, immigrated to New York from Palermo, Italy in 1920 and opened two Italian pastry shops in Manhattan with his brothers. In 1937, they came to Astoria, then considered “the wilderness” of Queens, and opened La Guli exactly where it stands today. In fact, the storefront and interior woodwork, shelves, and terrazzo floor are original and so are the recipes for the delectable pastries, cookies, and cakes we sell, which are all made from scratch on the premises. I have worked at La Guli for the past 18 years. 4. La Guli’s margins are very small. We are a “mom and pop” shop. Our pastries are handmade, which means that our costs are high. 5. Also, our costs have been increasing and it has been getting harder and harder to run our business profitably. For example, utility costs have increased dramatically in recent years, and insurance has become more expensive. Plus, the recent minimum-wage increases make it very difficult and expensive for us to hire employees. These increased costs have put even more pressure on our margins. La Guli’s Partnership with DoorDash, Grubhub, and Uber Eats 6. The COVID-19 pandemic was difficult for our business. Part of the reason we survived the pandemic was by partnering with food-delivery platforms like DoorDash, Gruhbub, and Uber Eats. These platforms made it possible for us to continue serving our loyal customers. DoorDash, Grubhub, and Uber Eats also helped us reach new customers to keep our business running during those particularly difficult times. They have also helped us maintain business relationships with customers who came to know La Guli when they lived in the neighborhood, but who have since moved on to other neighborhoods such as Long Island City. Those customers have 2 of 6 FILED: NEW YORK COUNTY CLERK 07/06/2023 11:59 AM INDEX NO. 155947/2023 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 07/06/2023 been able to continue to order our products for delivery, even though they are no longer walk-in customers. 7. Without DoorDash, Grubhub, and Uber Eats, it is unlikely that La Guli would be able to deliver food to its retail customers. Sometimes, I personally make deliveries to customers, such as wedding cakes. But when I leave to make a delivery, then I cannot be at the store, where I am needed. 8. It is not feasible for La Guli to hire its own delivery drivers to make deliveries to our retail customers. The costs of hiring a delivery worker, plus the van and insurance, make it too expensive for La Guli to do delivery on its own. Partnering with DoorDash, Grubhub, and Uber Eats has allowed us to offer retail delivery service and turn a small but meaningful profit on our delivery business. 9. If it is not profitable for La Guli to make deliveries, then we will not offer delivery service. We are not a non-profit business. How the Delivery Minimum-Earnings Rule Will Affect La Guli 10. I understand that New York City has passed a rule that will impose a minimum hourly pay requirement for food-delivery workers who deliver orders on platforms like DoorDash. I also understand that because of that rule, platforms like DoorDash will incur additional costs to pay those delivery workers, and likely will have to make changes to the prices and services they offer to consumers and merchants like La Guli. I do not understand where the City thinks the money will come from to provide additional pay to delivery workers. Obviously, it will have to come out of the pockets of consumers and small business owners like me. I believe that the changes resulting from this new Rule will significantly harm La Guli and its customers. 3 of 6 FILED: NEW YORK COUNTY CLERK 07/06/2023 11:59 AM INDEX NO. 155947/2023 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 07/06/2023 11. First, I understand that DoorDash may raise its commission fees because of the new rule. Any increase in commissions would be harmful to La Guli. As I explained above, La Guli’s margins are already very small, and we cannot afford to pay higher commissions. 12. Second, I understand that DoorDash may reduce its delivery range because of the new rule. This change would be very harmful to La Guli as well. As described above, during the pandemic, many of our loyal customers moved farther away, including to neighborhoods such as Long Island City. Many of those customers have continued to order from La Guli with DoorDash. If those customers are no longer able to order from La Guli, then we will lose their business. That would severely harm our company. 13. Third, I understand that DoorDash likely will have to raise the prices that it charges to customers for delivery. In my experience, many of our customers are very price conscious and will not continue to order our products if prices increase significantly. Many of them cannot afford to pay more. If the delivery prices are increased, some of our customers will stop ordering from us, and that will be very harmful to our business. 14. For all of these reasons, I hope that New York City does not raise the cost of food delivery. Our industry simply cannot afford to bear the increased costs and loss of business volume that will be caused by the City’s new delivery-worker minimum pay rule. 4 of 6 FILED: NEW YORK COUNTY CLERK 07/06/2023 11:59 AM INDEX NO. 155947/2023 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 07/06/2023 Dated: New York, New York July C, 2023 JL ~iffl--~ Maria Notaro Sworn before me this S- ~ay of July, 2023. ANGEi.ARIAS Not.w Pubflc, State of New Yetil No.01APt6040048 QdalHled ln Quffns Cevnty Cartlflcate FIie• In New Yllr1< Cclunt¥ ~ - Mlftll 6, 20 ,- 5 of 6 FILED: NEW YORK COUNTY CLERK 07/06/2023 11:59 AM INDEX NO. 155947/2023 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 07/06/2023 ATTORNEY CERTIFICATION PURSUANT TO 22 NYCRR § 202.8-b I, Gabriel Herrmann, an attorney duly admitted to practice law before the courts of the State of New York, hereby certify that this Affidavit complies with the word count limit set forth in 22 NYCRR § 202.8-b because it contains 958 words, excluding the parts of the affidavit exempted by § 202.8-b(b). In preparing this certification, I have relied on the word count of the word-processing system used to prepare this affirmation. Dated: New York, New York July 5, 2023 /s/ Gabriel Herrmann Gabriel Herrmann 6 of 6