On April 20, 2023 a
Motion-Secondary
was filed
involving a dispute between
Alexandru Gerea
Individually And On Behalf Of All Others Similarly Situated,
Andras Bago,
and
Aba Koiunov,
La Brochette, Inc.,
for Torts - Other (New York Labor Law)
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 07/27/2023 05:13 PM INDEX NO. 153644/2023
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/27/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x
ANDRAS BAGO and ALEXANDRU GEREA,
individually and on behalf of all others similarly situated,
Plaintiffs, AFFIRMATION IN SUPPORT
OF MOTION
- against -
Index No. 153644/2023
LA BROCHETTE, INC. and ABA KOIUNOV,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x
Jeremiah Iadevaia, an attorney duly admitted to practice law in the State of New York,
hereby affirms under the penalties of perjury that:
1. I am a partner with the law firm of Vladeck, Raskin & Clark, P.C. Plaintiffs Andras
Bago (“Bago”) and Alexandru Gerea (“Gerea”) (collectively, “Plaintiffs”) make this application
pursuant to CPLR § 2004 to extend the time to file their motion for class certification until such
time as a preliminary conference has been convened, and the Court has set dates to: (i) complete
pre-class certification discovery; (ii) for Plaintiffs to move for class certification; and (2) for such
other actions that the Court may direct.
2. Defendants La Brochette, Inc. (“La Brochette”) and Aba Koiunov (“Koiunov”)
have consented to an extended deadline of October 6, 2023 for Plaintiffs to move for class
certification.
3. This action was commenced on or about April 20, 2023 as a class action to recover
unpaid minimum wages for labor Plaintiffs furnished for and on behalf of Defendants.
4. A copy of Plaintiff’s Summons and Complaint is attached as Exhibit A.
1300411 v1
1 of 3
FILED: NEW YORK COUNTY CLERK 07/27/2023 05:13 PM INDEX NO. 153644/2023
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/27/2023
5. Specifically, Plaintiffs, on behalf of themselves and on behalf of a putative class
allege as follows: (i) Defendants misclassified Plaintiffs and members of the putative class as
exempt from minimum wage and overtime compensation; and (ii) Defendants failed to provide
minimum wages for work performed in violation of N.Y. Labor Law § 650 et seq. and N.Y. Labor
Law § 190 et seq., and 12 NYCRR § 146-1.1 et seq.; (iii) Defendants misappropriated gratuities
in violation of NY. Labor Law § 196-d; (iv) Defendants failed to pay spread of hours pay in
violation of N.Y. Labor Law § 661(3) and other provisions; and (iv) Defendants failed to provide
Plaintiffs with accurate statements of wages in violation of N.Y. Labor Law § 195.
6. Pursuant to CPLR § 902, a motion for class certification should be brought “within
sixty days after the time to serve a responsive pleading has expired for all persons named as
defendants.”
7. “While class certification is an issue that should be determined promptly, a trial
court has discretion to extend the deadline upon good cause shown[,] such as the plaintiff's need
to conduct class certification discovery to determine whether the prerequisites of a class action set
forth in CPLR 901 (a) may be satisfied.” Chavarria v. Crest Hollow Country Club at Woodbury,
Inc., 109 A.D.3d 634 (2d Dept. 2013).
8. The time for plaintiffs to move for class certification is left to the discretion of the
Court. See Gerard v. Clermont York Assocs. LLC, 143 A.D.3d 478 (1st Dept. 2016).
9. Plaintiffs seek the Court’s permission to extend Plaintiffs’ time to move for class
certification to: (1) schedule a preliminary conference with the Court as soon as conveniently
possible so that the parties may set forth a pre-class certification discovery schedule; (2) allow
reasonable time for all parties to serve and respond to pre-class certification discovery demands;
1300411 v1
2 of 3
FILED: NEW YORK COUNTY CLERK 07/27/2023 05:13 PM INDEX NO. 153644/2023
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/27/2023
and; (3) to set a Court authorized briefing schedule for the class certification motion, and for any
cross-motions that the Defendants may wish to bring.
WHEREFORE, it is respectfully requested that an order be issued granting Plaintiffs’
instant application to adjourn the date to file their motion for class certification until the Court has
had an opportunity to set a pre-class certification discovery and briefing schedule.
Dated: New York, New York
July 27, 2023
VLADECK, RASKIN & CLARK, P.C.
By: /s/ Jeremiah Iadevaia
Jeremiah Iadevaia
565 Fifth Avenue, 9th Floor
New York, New York 10017
(212) 403-7300
jiadevaia@vladeck.com
Attorneys for Andras Bago and
Alexandru Gerea
1300411 v1
3 of 3
Document Filed Date
July 27, 2023
Case Filing Date
April 20, 2023
Category
Torts - Other (New York Labor Law)
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: NEW YORK COUNTY CLERK 07/27/2023 05:13 PM INDEX NO. 153644/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/27/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x ANDRAS BAGO and ALEXANDRU GEREA, individually and on behalf of all others similarly situated, Plaintiffs, AFFIRMATION IN SUPPORT OF MOTION - against - Index No. 153644/2023 LA BROCHETTE, INC. and ABA KOIUNOV, Defendants. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x Jeremiah Iadevaia, an attorney duly admitted to practice law in the State of New York, hereby affirms under the penalties of perjury that: 1. I am a partner with the law firm of Vladeck, Raskin & Clark, P.C. Plaintiffs Andras Bago (“Bago”) and Alexandru Gerea (“Gerea”) (collectively, “Plaintiffs”) make this application pursuant to CPLR § 2004 to extend the time to file their motion for class certification until such time as a preliminary conference has been convened, and the Court has set dates to: (i) complete pre-class certification discovery; (ii) for Plaintiffs to move for class certification; and (2) for such other actions that the Court may direct. 2. Defendants La Brochette, Inc. (“La Brochette”) and Aba Koiunov (“Koiunov”) have consented to an extended deadline of October 6, 2023 for Plaintiffs to move for class certification. 3. This action was commenced on or about April 20, 2023 as a class action to recover unpaid minimum wages for labor Plaintiffs furnished for and on behalf of Defendants. 4. A copy of Plaintiff’s Summons and Complaint is attached as Exhibit A. 1300411 v1 1 of 3 FILED: NEW YORK COUNTY CLERK 07/27/2023 05:13 PM INDEX NO. 153644/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/27/2023 5. Specifically, Plaintiffs, on behalf of themselves and on behalf of a putative class allege as follows: (i) Defendants misclassified Plaintiffs and members of the putative class as exempt from minimum wage and overtime compensation; and (ii) Defendants failed to provide minimum wages for work performed in violation of N.Y. Labor Law § 650 et seq. and N.Y. Labor Law § 190 et seq., and 12 NYCRR § 146-1.1 et seq.; (iii) Defendants misappropriated gratuities in violation of NY. Labor Law § 196-d; (iv) Defendants failed to pay spread of hours pay in violation of N.Y. Labor Law § 661(3) and other provisions; and (iv) Defendants failed to provide Plaintiffs with accurate statements of wages in violation of N.Y. Labor Law § 195. 6. Pursuant to CPLR § 902, a motion for class certification should be brought “within sixty days after the time to serve a responsive pleading has expired for all persons named as defendants.” 7. “While class certification is an issue that should be determined promptly, a trial court has discretion to extend the deadline upon good cause shown[,] such as the plaintiff's need to conduct class certification discovery to determine whether the prerequisites of a class action set forth in CPLR 901 (a) may be satisfied.” Chavarria v. Crest Hollow Country Club at Woodbury, Inc., 109 A.D.3d 634 (2d Dept. 2013). 8. The time for plaintiffs to move for class certification is left to the discretion of the Court. See Gerard v. Clermont York Assocs. LLC, 143 A.D.3d 478 (1st Dept. 2016). 9. Plaintiffs seek the Court’s permission to extend Plaintiffs’ time to move for class certification to: (1) schedule a preliminary conference with the Court as soon as conveniently possible so that the parties may set forth a pre-class certification discovery schedule; (2) allow reasonable time for all parties to serve and respond to pre-class certification discovery demands; 1300411 v1 2 of 3 FILED: NEW YORK COUNTY CLERK 07/27/2023 05:13 PM INDEX NO. 153644/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/27/2023 and; (3) to set a Court authorized briefing schedule for the class certification motion, and for any cross-motions that the Defendants may wish to bring. WHEREFORE, it is respectfully requested that an order be issued granting Plaintiffs’ instant application to adjourn the date to file their motion for class certification until the Court has had an opportunity to set a pre-class certification discovery and briefing schedule. Dated: New York, New York July 27, 2023 VLADECK, RASKIN & CLARK, P.C. By: /s/ Jeremiah Iadevaia Jeremiah Iadevaia 565 Fifth Avenue, 9th Floor New York, New York 10017 (212) 403-7300 jiadevaia@vladeck.com Attorneys for Andras Bago and Alexandru Gerea 1300411 v1 3 of 3