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CPLR § 902 states “[a]n order [for class certification] may be conditional.” Thus CPLR § 902 grants the court authority to issue an order certifying a class action that may be amended as the facts develop or circumstances change.
If filing a claim under the Fair Labor Standards Act, 29 U.S.C. § 201 and the New York Labor Law, courts refer to “conditional certification” as the first stage in a collective action. At the first stage, the court determines, based on a low burden of proof, whether to send notice to potential opt-in plaintiffs to allow them to join the action. (Myers v. Hertz Corp., 624 F.3d 537, 555 (2d Cir. 2010), cert. denied, 132 S. Ct. 368, 181 L. Ed. 2d 234 (2011).) At the conditional certification stage, “the court does not resolve factual disputes, decide substantive issues going to the ultimate merits, or make credibility determinations.” (Rosario v. Valentine Ave. Discount Store, Co., 828 F. Supp. 2d 508, 514 (E.D.N.Y. 2011).)
Plaintiffs seeking class certification under Article 9 of the New York CPLR must establish all five requirements of section 901(a)—numerosity, predominance, typicality, adequacy, and superiority—as well as the five factors set forth in CPLR § 902. (See CPLR § 901(a), 902; see also, Alix v. Wal-Mart Stores, Inc., 57 A.D.3d 1044, 1045, 868 N.Y.S.2d 372 [3d Dept. 2008]; Rife v. Barnes Firm, P.C., 48 A.D.3d 1228, 852 N.Y.S.2d 551 [4th Dept. 2008].) In addition, plaintiffs must establish that the class is capable of being identified by administratively feasible objective criteria, without the need for individualized inquiries. (See, e.g., Mitchell v. Barrios-Paoli, 253 A.D.2d 281, 290, 687 N.Y.S.2d 319, 325 [1st Dept. 1999].) To meet their burden, plaintiffs must make more than just conclusory allegations; they must support their assertions with specific facts. (See, e.g., Rallis v. City of N.Y., 3 A.D.3d 525, 526, 770 N.Y.S.2d 736, 737 [2d Dept. 2004].)
CPLR § 902 requires courts to consider five additional factors when certifying a class and thus these factors should be addressed in the motion. These factors are: (1) the interest of members of the class in individually controlling the prosecution of separate actions; (2) the impracticality or inefficiency of prosecuting or defending separate actions; (3) the existence of other litigation regarding the same controversy; (4) the desirability of the proposed class forum; and (5) the difficulties likely to be encountered by management of a class action. (CPLR § 902.)
In deciding whether to certify a class, “a court must be mindful of [the Appellate Division’s] holding that the class certification statute should be liberally construed.” (Kudinov v. Kel-Tech Construction Inc., 65 A.D.3d 481, 481 [1st Dept. 2009] (citing Englade v. Harper Collins Publs., Inc., 289 A.D.2d 159, 159 [1st Dept. 2001]); see also Pruitt v. Rockefeller Center Properties, Inc., 167 A.D.2d 14, 21 [1st Dept. 1991] (“[a]ppellate courts in this state have repeatedly held that the class action statute should be liberally construed... any error, if there is to be one, should be ... in favor of allowing the class action”); Friar v. Vanguard Holding Corp., 78 A.D.2d 83, 90-92 [2d Dept. 1980]; Brandon v. Chefetz, 106 A.D.2d 162, 168 [1st Dept. 1985].) The flexible scheme of Article 9 was enacted to replace the previously rigid and undesirable restrictions that existed under former law. This legislative intent was acknowledged by the Appellate Division in Brandon v. Chefetz. (See id.)
In the FLSA context, at this stage “the court mak[es] an initial determination to send notice to potential opt-in plaintiffs who may be similarly situated to the named plaintiffs with respect to whether a FLSA violation has occurred.” (Myers, 624 F.3d at 555.) Plaintiffs must make “a modest factual showing that [the named plaintiffs] and potential opt-in plaintiffs together were victims of a common policy or plan that violated the law.” (Id.) Courts may apply a relaxed evidentiary standard and allow the consideration of hearsay. (Winfield v. Citibank, NA., 843 F. Supp. 2d 397,402-03; Raniere v. Citigroup Inc., 827 F.Supp.2d 294, 322 (S.D.N.Y. 2011).)
(FILED: MONROE COUNTY CLERK 0871572025 01:24 PM INDEX NO. 2025011080 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/15/2025 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROECOMMERICAL DIVISION KEVIN WILLOUGHBY, Individually and For All Others Similarly Situated v. BASSETT HEALTHCARE NETWORK Index No. 011080/2025 Class Action MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT, CONDITIONAL CLASS CERTIFICATION, APPOINTMENT OF CLASS COUNSEL, AND APPROVAL OF PROPOSED NOTICE OF SETTLEMENT…
Monroe County, NY
Aug 15, 2025
Comm-Other-Commercial Division
(FILED: SUFFOLK COUNTY CLERK 0771572025 02:58 PM INDEX NO. 612920/2025 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/15/2025 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK CHRISTOPHER LARIBEE, Individually and Index No. 612920/2025 For All Others Similarly Situated, v. Class Action PREMIER INFRASTRUCTURE & ENERGY LLC. MEMORANDUM OF LAW IN SUPPORT OF PARTIES MOTION FO…
Suffolk County, NY
Jul 15, 2025
Comm-Other
FILED: QUEENS COUNTY CLERK 12/20/2024 11/15/2024 01:30 06:16 PM INDEX NO. 709969/2023 NYSCEF DOC. NO. 79 65 RECEIVED NYSCEF: 12/20/2024 11/15/2024 …
Queens County, NY
Dec 20, 2024
Comm-Other
FILED: KINGS COUNTY CLERK 11/24/2024 07:42 PM INDEX NO. 537547/2023 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 11/24/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS COMMERCIAL DIVISION -------------------------------------------------------------------- WEN LIN LIU, Case…
Dec 22, 2023
Active
Kings County, NY
Nov 24, 2024
Comm-Other
FILED: QUEENS COUNTY CLERK 11/18/2024 08/22/2024 02:56 08:57 PM AM INDEX NO. 709969/2023 NYSCEF DOC. NO. 72 51 RECEIVED NYSCEF: 11/18/2024 …
Queens County, NY
Nov 18, 2024
Comm-Other
FILED: QUEENS COUNTY CLERK 11/15/2024 06:16 PM INDEX NO. 709969/2023 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 11/15/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS Index No. 709969/2023 ------------------------------------------------------------------x …
Queens County, NY
Nov 15, 2024
Comm-Other
FILED: QUEENS COUNTY CLERK 10/09/2024 05:36 PM INDEX NO. 709969/2023 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 10/09/2024 EXHIBIT A FILED: QUEENS COUNTY CLERK 10/09/2024 08/22/2024 05:36 08:57 PM AM INDEX NO. 709969/2023 NYSCEF DOC. NO. 56 51 …
Queens County, NY
Oct 09, 2024
Comm-Other
FILED: QUEENS COUNTY CLERK 08/22/2024 08:57 AM INDEX NO. 709969/2023 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 08/22/2024 Short Form Order NEW YORK SUPREME COURT - QUEENS COUNTY 8/22/2024 PRES…
Queens County, NY
Aug 22, 2024
Comm-Other
FILED: NASSAU COUNTY CLERK 05/13/2024 12:44 PM INDEX NO. 605552/2024 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 05/13/2024 SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOFNASSAU JEFFREY KELLOGG,DAVID JEANNOTTE, AND THOMASWAMBACH,individually and on beh…
Apr 01, 2024
Active
FILED: NASSAU COUNTY CLERK 05/07/2024 02:03 PM INDEX NO. 605552/2024 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 05/07/2024 Exhibit A Settlement Agreement FILED: NASSAU COUNTY CLERK 05/07/2024 02:03 PM INDEX NO. 605552/2024 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 05/07/2024 …
Apr 01, 2024
Active
FILED: NASSAU COUNTY CLERK 05/07/2024 02:03 PM INDEX NO. 605552/2024 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 05/07/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU JEFFREY KELLOGG, DAVID JEANNOTTE, AND THOMAS WAMBACH individually and on behalf of Index No.: 605552/2024 others similarly situated, …
Apr 01, 2024
Active
D: NEW YORK INDEX NO. 652933/2012 NYSCEF DOC. NO. 913 RECEIVED NYSCEF: 09/15/2023 EXHIBIT 61 (FILED: NEW YORK COUNTY CLERK 09/15/2023 08:06 PM INDEX NO. 652933/2012 NYSCEF DOC. NO. Gaase 2:12-md-02323-AB Document 6481-1 Filed 02/13/15 Rageven NYSCEF: 09/15/2023 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA IN RE: NATIONAL FOOTBALL LEAGUE: No. 2:12-md-02323-AB PLAYERS CONCUSSI…
New York County, NY
Sep 15, 2023
Comm-Insurance-Commercial Division
FILED: NEW YORK COUNTY CLERK 09/15/2023 08:06 PM INDEX NO. 652933/2012 NYSCEF DOC. NO. 896 RECEIVED NYSCEF: 09/15/2023 EXHIBIT 50 FILED: NEW YORK COUNTY CLERK 09/15/2023 08:06 PM INDEX NO. 652933/2012 Case 2:12-md-O2323-A-3 Document 5657 NYSCEF DOC. NO. 896 iled 01/1 /1 ’age 1 of 12 …
New York County, NY
Sep 15, 2023
Comm-Insurance-Commercial Division
FILED: QUEENS COUNTY CLERK 08/29/2023 09:02 PM INDEX NO. 700402/2023 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 08/29/2023 TROY LAW, PLLC 41-25 Kissena Boulevard Suite 110 Flushing, NY 11355 Tel: (718) 762-1324 Attorney for the Plaintiff, proposed FLSA Collective and potential Rule 23 Class SUPREME CO…
Queens County, NY
Aug 29, 2023
Comm-Other-Commercial Division
D: NEW YORK : INDEX NO. 160513/2018 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 02/27/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK LANGE CAMPBELL, individually and on behalf of all other persons similarly situated, Index No.: 160513/2018 Plaintiffs, -against- NEW YORK BOILER, INC., RICHARD BERGER and DONALD…
Nov 13, 2018
Disposed
New York County, NY
Feb 27, 2023
Tort-Other
D: NEW YORK INDEX NO. 656614/2022 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/05/2023 Exhibit A D: NEW NYSCEF DOC. NO. YORK INDEX NO. 656614/2022 15 RECEIVED NYSCEF: 01/05/2023 Greenky, Ross M. From: Sent: To: Cc: Subject: Attachments: Greenky, Ross M. Friday, July 29, 2022 4:37 PM rsattiraju@s-tlawfirm.c…
New York County, NY
Jan 05, 2023
Comm-Other
FILED: KINGS COUNTY CLERK 12/28/2022 05:05 PM INDEX NO. 530659/2022 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 12/28/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS MARVIN GARCIA, individually and on Index No.: 530…
FILED: BRONX COUNTY CLERK 11/03/2022 11:46 AM INDEX NO. 42204/2018E NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 11/03/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX FARRAH MEJIA, individually and on behalf of all other persons similarly situated, Index No. 42204/2018E …
Feb 06, 2018
Disposed
FILED: BRONX COUNTY CLERK 11/03/2022 05:14 PM INDEX NO. 42204/2018E NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 11/03/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX FARRAH MEJIA, individually and on behalf of all other persons similarly situated, Index No. 42204/2018E …
Bronx County, NY
Nov 03, 2022
Mat-Uncontested
FILED: BRONX COUNTY CLERK 11/03/2022 05:14 PM INDEX NO. 42204/2018E NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 11/03/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX FARRAH MEJIA, individually and on behalf of all other persons similarly situated, Index No. 42204/2018E …
Feb 06, 2018
Disposed
FILED: BRONX COUNTY CLERK 11/03/2022 11:46 AM INDEX NO. 42204/2018E NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 11/03/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX FARRAH MEJIA, individually and on behalf of all other persons similarly situated, Index No. 42204/2018E …
Bronx County, NY
Nov 03, 2022
Mat-Uncontested
FILED: NEW YORK COUNTY CLERK 09/12/2022 12:40 PM INDEX NO. 160843/2015 NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 09/12/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK BLENDI AGOLLI and PERCY BONILLA, individually and on behalf of all other persons similarly Index No.: 160843/2015 situated who were employed by PS CONTRACTING …
New York County, NY
Sep 12, 2022
Tort-Other
FILED: NEW YORK COUNTY CLERK 04/22/2022 11:21 AM INDEX NO. 653369/2021 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 04/22/2022 EXHIBIT 3 FILED: NEW YORK COUNTY CLERK 04/22/2022 11:21 AM INDEX NO. 653369/2021 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 04/22/2022 FILED: APPELLATE DIVISION - 1ST DEPT 01/05/2022 04:52 PM …
New York County, NY
Apr 22, 2022
Tort-Other-Labor and Employment Law
D: NEW YORK > INDEX NO. 657577/2019 NYSCEF DOC. NO. 214 RECEIVED NYSCEF: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK CRAIG MCMILLIAN, EIAN MCMILLAN, and VICTOR BALLAST, Individually and On Behalf of the Putative Class Members Plaintiffs INDEX NO. 657577/2019 -against- OUT-LOOK SAFETY LLC, RESTANI CONSTRUCTION CORP., SAFEWAY CONSTRUCTION ENTERPRISES, LLC, TRIUMPH CONSTRUCTIO…
Dec 19, 2019
Active
New York County, NY
Mar 14, 2022
Comm-Contract-Commercial Division
NEW YORK INDEX NO. 657577/2019 NYSCEF DOC. NO. 190 RECEIVED NYSCEF: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK CRAIG MCMILLIAN, EIAN MCMILLAN and VICTOR BALLAST, Individually and on Behalf of Index No. 657577/2019 the Putative Class Members, Plaintiffs, Motion Seq. No. 5 -against- OUT-LOOK SAFETY LLC, RESTANI CONSTRUCTION CORP., SAFEWAY C…
Dec 19, 2019
Active
New York County, NY
Mar 14, 2022
Comm-Contract-Commercial Division
FILED: NEW YORK COUNTY CLERK 12/16/2021 05:33 PM INDEX NO. 157216/2019 NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 12/16/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK …
Jul 24, 2019
Disposed
New York County, NY
Dec 16, 2021
Tort-Other
FILED: NASSAU COUNTY CLERK 10/13/2020 05:57 PM INDEX NO. 616170/2019 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 10/13/2020 EXHIBIT 2 FILED:: NASSAU (F ILED NASSAU COUNTY COUNTY CLERK CLERK 10/13/2020 03/19/202 O 05:57 05 : O 6 PM …
Nov 19, 2019
Disposed-Court Date/Application Pending
FILED: KINGS COUNTY CLERK 07/13/2020 05:23 PM INDEX NO. 522945/2017 NYSCEF DOC. NO. 120 RECEIVED NYSCEF: 07/13/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KING…
FILED: KINGS COUNTY CLERK 05/04/2020 03:20 PM INDEX NO. 501042/2019 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 05/04/2020 Index No. 501042/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS …
Kings County, NY
May 04, 2020
Tort-Other
FILED: NASSAU COUNTY CLERK 03/19/2020 05:06 PM INDEX NO. 616170/2019 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/19/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ---------------------------------------------------------------------------------X FREDIS RAMIRES, CARLOS ALVAREZ, EVENOR VELASQUEZ, MAN…
Nov 19, 2019
Disposed-Court Date/Application Pending
FILED: NEW YORK COUNTY CLERK 02/13/2020 03:50 AM INDEX NO. 159740/2017 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 02/13/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK GULCHEKHRA LUTFIEVA, individually and on behalf of all other persons similarly situated who were employed by MZL HOME CARE AGENCY, LLC, Index…
New York County, NY
Feb 13, 2020
Comm-Contract
FILED: QUEENS COUNTY CLERK 12/24/2019 10:47 AM INDEX NO. 715541/2018 NYSCEF DOC. NO. 159 RECEIVED NYSCEF: 12/24/2019 SUPREME COURT OF THE STATE OF NEW YORK QUEENS COUNTY SUSAN PASKOWITZ, on Behalf of Herself and All J Others Similarly Situated, AIndex No. 715541/2018 …
Oct 11, 2018
Disposed
Queens County, NY
Dec 24, 2019
Comm-Other-Commercial Division
FILED: KINGS COUNTY CLERK 12/20/2019 04:16 PM INDEX NO. 501042/2019 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 12/20/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY …
Kings County, NY
Dec 20, 2019
Tort-Other
INDEX NO. 517507/2019, RECETYR BE AREER: 3047947219 RECEIVED NYSCEF: ryonrams v SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS NYSCEF DOC. NO. 4 LARA ADEDAYO and AICHA KOUROUMA, Individually and on Behalf of All Putative Class Members, Plaintiffs, Index No. 517507/2019 -against- Motion No.1 PIONEER HOMECARE, INC., PATIENCE Oo ZboEC. EMENIKE and ERHINA EMENIKE, Jointly and Severally, Defendants. 24:6 WY SZ 1006102 oatd yeaTO ALNAG SOND [PROPOSED] ORDER GRANT…
Aug 08, 2019
Disposed
Kings County, NY
Oct 30, 2019
Comm-Contract
FILED: KINGS COUNTY CLERK 04/17/2019 03:29 PM INDEX NO. 507466/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/17/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------------------------------------------------------ X CARLOS PRIMO, KIN WAI WONG, PEMA SHERPA : Index No.: 507466/2019 and SANTURINO C…
Apr 04, 2019
Disposed
Kings County, NY
Apr 17, 2019
OM-Other
FILED: KINGS COUNTY CLERK 09/04/2018 03:38 PM INDEX NO. 512923/2018 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 09/04/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS DISLENIA MUNOZ, individually and on behalf of others similarly situated, Index No.: 512923/2018 …
Jun 22, 2018
Disposed
FILED: NASSAU COUNTY CLERK 08/17/2018 03:12 PM INDEX NO. 600162/2017 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 08/17/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU JASMINE BLUE AND BRIA BROOKS, individually and on behalf of others similarly situated, Index No.: 600162/2017 …
Jan 06, 2017
Disposed
FILED: SUFFOLK COUNTY CLERK 08/14/2018 07:10 PM INDEX NO. 620580/2017 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 08/14/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ELIZABETH CELLA, et al., Index No. 620580/2017 Plaintiffs, REPLY MEMORANDUM OF …
Oct 24, 2017
Active-Restored
Suffolk County, NY
Aug 14, 2018
RP-Other
FILED: QUEENS COUNTY CLERK 08/06/2018 02:19 PM INDEX NO. 713232/2016 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 08/06/2018 SUPREME COURT OF THE STATE OF NEW YORK …
Queens County, NY
Aug 06, 2018
Comm-Other-Commercial Division
FILED: NASSAU COUNTY CLERK 08/02/2018 07:20 PM INDEX NO. 603703/2017 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 08/02/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU …
Nassau County, NY
Aug 02, 2018
Comm-Other-Commercial Division
NYSCEF DOC. NO. 53 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK an: ELIZABETH CELLA, WINIFRED ESOFF, JOHN Index No.: 620580/2017 MCCARTHY, CAROL RODGERS, AND NICHOLAS ACCARDI, Plaintiffs, -against- SUFFOLK COUNTY, Defendant. SUFFOLK COUNTYS MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFFS MOTION FOR CONDITIONAL CLASS CERTIFICATION Stagg, Terenzi, Confusione & Wabnik, LLP Attorneys for Defendant Suffolk County 401 Franklin Avenue, Suite 300 Garden City, New York 11530 Te…
Oct 24, 2017
Active-Restored
Suffolk County, NY
Jul 31, 2018
RP-Other
FILED: QUEENS COUNTY CLERK 07/27/2018 03:06 PM INDEX NO. 713232/2016 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/27/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS AMBROSIO ZAMORANO, PABLO HERNANDEZ, SERGIO HERNANDEZ, JUAN JUAREZ, SERGI…
Queens County, NY
Jul 27, 2018
Comm-Other-Commercial Division
FILED: KINGS COUNTY CLERK 07/20/2018 06:33 PM INDEX NO. 512924/2018 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/20/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ANA GODFREY, individually and on behalf of others similarly situated, Index No.: 512924/2018 …
Jun 22, 2018
Disposed
D: KIN : INDEX NO. 512923/2018 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/20/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS DISLENIA MUNOZ, individually and on behalf of others similarly situated, Index No.: 512923/2018 Plaintiffs, - against - LL.M. OPERATING LLC d/b/a SCORES NEW YORK; ROBERT GANS; MARK YACKOW; and any other related entities, Defendants. MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS? UNOPPOSE…
Jun 22, 2018
Disposed
NYSCEF DOC. NO. 28 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK : IAS PART 12 acne cnn neeccnnnene enn nnnnneenennnnnnnnen ent e nee nnnnnn nnn nnnnnnnnennnnnnenen)Xx CRAIG MCCLENDON, individually and on behalf of INDEX NO. _153586/2017_ all other persons similarly situated who were formerly or are presently employed by URBAN SPACE MOTION DATE WORKS, LLC, URBANSPACE GRAND CENTRAL LLC, URBAN SPACE 230 PARK LLC, and ELDON MOTION SEQ. NO. …
New York County, NY
Jun 01, 2018
Other Matters - Contract Non-Commercial
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS AMBROSIO ZAMORANO, PABLO HERNANDEZ, SERGIO HERNANDEZ, JUAN JUAREZ, SERGIO JUAREZ, and RUTILIO VIL…
Queens County, NY
May 08, 2018
Comm-Other-Commercial Division
D: SUFFO INDEX NO. 6: NYSCEF DOC. NO. 29 RECEIVED NYSCEF: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK VALERIE ROSE GIANNOTTI, and LAURA Index No.: 618446/2016 KISH, on behalf of themselves and all others similarly situated, Plaintiffs, AFFIRMATION OF JOSHUA MARCUS IN OPPOSITION TO -against- PLAINTIFFS? MOTION FOR CLASS …
Suffolk County, NY
Apr 06, 2018
Comm-Contract
FILED: SUFFOLK COUNTY CLERK 04/06/2018 04:17 PM INDEX NO. 620580/2017 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 04/06/2018 SUPREME COURT …
Oct 24, 2017
Active-Restored
Suffolk County, NY
Apr 06, 2018
RP-Other
0 v INDEX NO. 620580/2017 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/06/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ELIZABETH CELLA, et al., Index No. 620580/2017 Plaintiffs, NOTICE OF MOTION -against- FOR CONDITIONAL CLASS CERTIFICATION SUFFOLK COUNTY, Defendant. PLEASE TAKE NOTICE that, upon the accompanyi…
Oct 24, 2017
Active-Restored
Suffolk County, NY
Apr 06, 2018
RP-Other
FILED: NEW YORK COUNTY CLERK 12/07/2017 05:16 PM INDEX NO. 651472/2017 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/07/2017 EXHIBIT 5 FILED: NEW YORK COUNTY CLERK 12/07/2017 05:16 PM INDEX NO. 651472/2017 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/07/2017 q,· LexisNexis·…
New York County, NY
Dec 07, 2017
Comm-Other-Commercial Division
FILED: BRONX COUNTY CLERK 11/07/2017 06:39 PM INDEX NO. 24671/2016E NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 11/07/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX -------------------------------------------------------X DAVID KIRSCH, on behalf of himself and all others similarly situated, …
Jul 12, 2016
Disposed
Bronx County, NY
Nov 07, 2017
OM-Other
FILED: BRONX COUNTY CLERK 10/26/2017 07:14 PM INDEX NO. 24671/2016E NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/26/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX -------------------------------------------------------X DAVID KIRSCH, on behalf of himself and all others similarly situated, …
Jul 12, 2016
Disposed
Bronx County, NY
Oct 26, 2017
OM-Other
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No. 150600/2017 CAROLYN GUZMAN and LIZIRENA RODRIGUEZ, on behalf of themselves and all others similarly situated, Plaintiffs, -against- Motion Seq. No. 001 TALIAS RESTAURANT GROUP, LLC, Defendant. Hon. Robert D. Kalish tee oe wee REPLY MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS? MOTION FOR CONDITIONAL CLASS CERTIFICATION LEVIN…
New York County, NY
Oct 12, 2017
Torts - Other (unpaid wages/gratuities)
NYSCEF Doc. NO. 26 RECEIVED NYSCEF: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK CAROLYN GUZMAN, and LIZIRENA RODRIGUEZ, INDEX NO.: 150600/2017: Plaintiffs, Motion Seq. No. 001 -against- Hon. Robert D. Kalish TALIAS RESTAURANT GROUP, LLC, Defendant, DEFENDANT TALIAS RESTAURANT GROUP, LLCS OPPOSITION TO PLAINTIFFS? MOTION FOR CONDITIONAL CLASS CERTIFICATION BRYAN CAVE LLP 1290 Avenue …
New York County, NY
Sep 27, 2017
Torts - Other (unpaid wages/gratuities)
D: NEW YORK 5 > INDEX NO. 150600/2017 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No. 150600/2017 CAROLYN GUZMAN and LIZIRENA t RODRIGUEZ, on behalf of themselves and all others similarly situated, Plaintiffs, -against- Motion Seq. No. 001 TALIAS RESTAURANT GROUP, LLC, Defendant. : Hon. Robert D. Kalish MEMORANDUM OF LAW…
New York County, NY
Jul 28, 2017
Torts - Other (unpaid wages/gratuities)
FILED: SUFFOLK COUNTY CLERK 06/15/2017 03:41 PM INDEX NO. 609834/2016 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 06/15/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ----------------------------------------------------------------x THALER/HOWELL FOUNDATION, individually : and on behalf of all other similarly s…
Suffolk County, NY
Jun 15, 2017
Comm-Contract
. . 03:16 PM "INDEX" NO. 453245/2015 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 06/09/2017 SUPREME COURT OF THE STATE OF NEW YORK - NEW YORK COUNTY PRESENT: _JENNIFER G. SCHECTER PART 57 Justice TEJADA, DANIELA INDEX NO. 453245/2015 MOTION DATE 06/06/2017 -V- SAMUEL ROBERTS …
Dec 22, 2015
Disposed
New York County, NY
Jun 09, 2017
RP-Other
D: 7 INDEX NO. 807741/2015 ] NYSCEF DOC. NO. 82 eee 04/05/2017 New York Supreme Court Appellate Division - Fourth Bepartment CHARLES R. FOTHERINGHAM Plaintiff/Appellant ve Index No. 807741/2015 Docket No.: RIVERSOURCE LIFE INSURANCE CO. OF NEW YORK f/k/a IDS LIFE INSURANCE OF NEW YORK, and AMERIPRISE FINANCIAL SERVICES, INC.…
FILED: NEW YORK COUNTY CLERK 03/30/2017 05:46 PM INDEX NO. 156768/2015 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 03/30/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK NATHALI CRUZ, individually and on behalf of other persons similarly situated who were employed by PUBLIC HEALTH SOLUTIONS, and/or any other entitie…
Jul 06, 2015
Disposed
New York County, NY
Mar 30, 2017
OM-Other
D: 7 INDEX NO. 151594/2016 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/03/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ROBERTO MORENO, Index No. 151594/2016 Plaintiff, -against- IPPUDO USA HOLDINGS, INC., IPPUDO NY, LLC, and IPPUDO WESTSIDE LLC, Defendants. er PLAINTIFFS MOTION FOR CONDITIONAL CLASS CERTIFICATION PURS…
New York County, NY
Feb 03, 2017
Torts - Other (Unpaid Gratuities/Tips)
D: KIN INDEX NO. 500936/2016 NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 10/31/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS JOSE CORNEJO and CARLOS CORNEJO on behalf of themselves and others similarly situated, Plaintiffs, INDEX NO. 500936/2016 -against- EDEN PALACE INC., PALACE OF EDEN INC., EMMANUEL ROTH; JEFF ROSENBAUM; and any other related entities, including those doing business as EDEN PALACE, Def…
Oct 01, 2015
Stayed
FILED: BRONX COUNTY CLERK 10/31/2016 04:59 PM INDEX NO. 24460/2015E NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 10/31/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX -------------------------------------------------------------------- X NIVEKNAND SADHU, HURBERT HAMILTON, : …
Aug 11, 2015
Disposed
Bronx County, NY
Oct 31, 2016
Tort-Other-Labor Law
(FILED: NEW YORK COUNTY CLERK 1071272016 03:30 PM TNDEX NU. 6 NYSCEF DOC. NO. 127 RECEIVED NYSCEF: MOTION/CASE IS RESPECTFULLY REFERRED TO JUSTICE FOR THE FOLLOWING REASON(S): SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: QO. PETER SHERWOOD PART _ 49 Justice BREFFNI BARRETT, et al., INDEX NO 650507/2014 Plaintiffs, MOTION DATE -against- MOTION SEQ. NO. TIME WARNER CABLE INC., et al., MO…
New York County, NY
Oct 12, 2016
Comm-Business Entity-Commercial Division
(FILED: NEW YORK COUNTY CLERK 0971372016 11:54 AM INDEX NO. 652424/2015 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 09/14/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK IN RE GRAMERCY PROPERTY TRUST Index No. 652424/2015 INC. STOCKHOLDER LITIGATION This Document Relates to: ALL ACTIONS MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS? UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT 1 of 29 IL. iil. VI. VII. TABLE OF CONTE…
Jul 09, 2015
Disposed
New York County, NY
Sep 14, 2016
Comm-Other-Commercial Division
D: KIN NYSCEF DOC. NO. 8 INDEX NO. 513146/2016 RECEIVED NYSCEF: 08/12/2016 NEW YORK STATE SUPREME COURT KINGS COUNTY RUBEN ESPINAL, JONATHAN CHIN, GLADYS AIDOO, CRAIG ROSE, and SAUD SANADY, on behalf of themselves and all other similarly situated employees, Index No.: 513146/2016 Plaintiffs, -against- DUANE READE INC. and WALGREEN CO., Defendants. JOINT MEMORANDUM OF LAW IN SUPPORT OF PARTIES? MOTION FOR PRELIMINARY APPROVAL OF THE PROPOSED SETTLEMENT AGREEMENT AND RELEASE, ENTRY OF THE …
Jul 29, 2016
Disposed
FILED: NASSAU COUNTY CLERK 07/29/2016 01:32 PM INDEX NO. 603315/2015 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/29/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ALYSSA PAWELSKY and BRIANAH TOMMY, individually and on behalf of all other persons similarly situated, …
Nassau County, NY
Jul 29, 2016
Comm-Contract
FILED: NEW YORK COUNTY CLERK 07/01/2016 04:31 PM INDEX NO. 650507/2014 NYSCEF DOC. NO. 125 RECEIVED NYSCEF: 07/01/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK BREFFNI BARRETT, STEVEN WEDEKING, KARL GRAULICH IRA, IRVING LASSOFF and JOHN THOMAS On Behalf of Themselves and All Others Similarly Situated, …
New York County, NY
Jul 01, 2016
Comm-Business Entity-Commercial Division
FILED: WESTCHESTER COUNTY CLERK 03/02/2016 05:37 PM INDEX NO. 69123/2015 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 03/02/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER ________________________________________________ JACK ISAACS, Individually and on Behalf of All Others Similarly Situated, Index …
Nov 06, 2015
Disposed
Westchester County, NY
Mar 02, 2016
Comm-Other-Commercial Division
FILED: SUFFOLK COUNTY CLERK 02/26/2016 03:37 PM INDEX NO. 063363/2014 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 02/26/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK KRYSTAL SHEPPARD and DOMINIQUE RUIZ, individually and on behalf of all other persons similarly situated, Index No.: 6336…
Suffolk County, NY
Feb 26, 2016
Tort-Other
FILED: SUFFOLK COUNTY CLERK 02/26/2016 03:37 PM INDEX NO. 063363/2014 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 02/26/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK KRYSTAL SHEPPARD and DOMINIQUE RUIZ, individually and on behalf of all other persons similarly situated, Index No.: 6336…
NASSAU 0 02: PM O=CS**t*:::CENDEEX NNO. 6O3GO72014 F DOC . NO. 29 RECEIVED NYSCEF: 09/85/2018 SUPREME COURT : STATE OF NEW YORK COUNTY OF NASSAU PRESENT: HON. JEROME C. MURPHY, Justice. TRIAL/IAS PART 22 WILLIAM ORGERA, on behalf of himself Index No.: 603691-14 and other similarly situated, Motion Date: 7/24/15 Plaintiff, …
Jul 21, 2014
Disposed
Nassau County, NY
Sep 25, 2015
OM-Other
FILED: NEW YORK COUNTY CLERK 07/31/2014 06:57 PM INDEX NO. 653084/2013 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/31/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X : NATALIE GORDON, On Behalf Of Herself and Others : Similarly Situated, …
New York County, NY
Jul 31, 2014
Comm-Other-Commercial Division
FILED: WESTCHESTER COUNTY CLERK 04/01/2014 INDEX NO. 59915/2012 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/01/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER SHANE RUTH, Individually And On Behalf Of All Others Similarly Situated, Index No. 59915/2012 Plaintiff, …
Jun 21, 2012
Disposed
Westchester County, NY
Apr 01, 2014
SP-Other
(FILED: NASSAU COUNTY CLERK 0272872014) INDEX NO. 601350/2013 NYSCEF DOC. NO. 134 RECEIVED NYSCEF: 02/28/2014 SUPREME COURT FOR THE STATE OF NEW YORK COUNTY OF NASSAU MICHAEL CARNI, et al., ) ) Plaintiffs, ) ) Index No. 601350/2013 ) v ) CONTINENTAL HOME LOANS, INC., et…
Nassau County, NY
Feb 28, 2014
Comm-Other-Commercial Division
(FILED: NEW YORK COUNTY CLERK 0171472014) INDEX NO. 154520/2013 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 01/14/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK LISA MARIE PALMIERI, Individually and on behalf of a class of similarly situated employees, Index No.154520-2013 Plaintiffs, v. GREAT PERFORMANCES/ARTISTS AS WAITRESSES, INC. and LIZBETH NEUMARK, Defendants. REPLY AFFIRMATION OF RUSSELL S. MORIARTY IN FURTHER SUPP…
New York County, NY
Jan 14, 2014
OM-Other
(FILED: NEW YORK COUNTY CLERK 1270472013) INDEX NO. 164520/2013 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 12/04/2013 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK LISA MARIE PALMIERI, Individually and on behalf of a class of similarly situated employees, : Index No. 154520-2013 Plaintiffs, : Honorable Manuel J. Mendez -against- GREAT PERFORMANCES/ARTISTS AS WAITRESSES, INC. and LIZBETH NEUMARK, D…
New York County, NY
Dec 04, 2013
OM-Other
FILED: NASSAU COUNTY CLERK 11/14/2013 INDEX NO. 601350/2013 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 11/14/2013 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU – COMMERCIAL DIVISION MICHAEL CARNI, and BRUCE SAPER, INDEX NO. 601350/2013 Individually, and on Behalf of All Others PART 15 Similarly Situated, …
Nassau County, NY
Nov 14, 2013
Comm-Other-Commercial Division
RECEIVED NYSCEF: 07/15/2013 NYSCEF DOC. NO. 7 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK STACIE HANDWERKER, individually and on behalf of others similarly situated, Index No. 107945/2011 Plaintiff, AFFIRMATION OF PLAINTIFFS -against- COUNSEL IN SUPPORT OF MOTION TO CERTIFY THE CITISTORAGE, LLC, CITIPOSTAL, INC., and SETTLEMENT CLASS AND ARES CAPITAL CORPORATION, PRELIMINARILY APPROVE TH…
Jul 03, 2013
Disposed
New York County, NY
Jul 15, 2013
Comm-Other-Commercial Division
D: NEW INDEX NO. 650905/2013 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 04/01/2013 SUPREME COURT OF THE STATE OF NEW YORK. COUNTY OF NEW YORK meeJONATHAN PAZ, GARY ROSSMANN; JOSEPH GIACOBBE, ANTHONY MATYKO, and LEE PHILIP MALIN, Individually and on behalf of all others similarly situated, INDEX NO,; 650905/13 Plaintiffs, -against- sonnel NTERCONTINENTAL CAPITAL. GROUP, I…
New York County, NY
Apr 01, 2013
Comm-Other
(FILED: NEW YORK COUNTY CLERK 0372272013) INDEX NO. 650905/2013 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/22/2013 SUPREME COURT OF THE STATE OF NEW YORK. COUNTY OF NEW YORK meeJONATHAN PAZ, GARY ROSSMANN; JOSEPH GIACOBBE, ANTHONY MATYKO, and LEE PHILIP MALIN, Individually and on behalf of all others similarly situated, INDEX NO,; 650905/13 Plaintiffs, -against- sonnel NTERCONTINENT…
New York County, NY
Mar 22, 2013
Comm-Other
(FILED: NEW YORK COUNTY CLERK 0372172013) INDEX NO. 650905/2013 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/21/2013 SUPREME COURT OF THE STATE OF NEW YORK. COUNTY OF NEW YORK meeJONATHAN PAZ, GARY ROSSMANN; JOSEPH GIACOBBE, ANTHONY MATYKO, and LEE PHILIP MALIN, Individually and on behalf of all others similarly situated, INDEX NO,; 650905/13 Plaintiffs, -against- sonnel NTERCONTINENT…
New York County, NY
Mar 21, 2013
Comm-Other
INDEX NO. 600508/2006 D: NEW YORK COUNTY RK 08 010 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 08/23/2010 SUPREME COURT OF THE STATE OF NEW YORK - NEW YORK COUNTY PRESENT: KOT ALC WN Part S Justice rif WOW w mM noex no. iN) 5 MOTION DATE Goo 0 &/0 L MOTION SEQ. No. Sh Lt MOTI…
New York County, NY
Aug 23, 2010
Commercial Division
D: NEW YORK 5 5 INDEX NO. 600508/2006 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 08/18/2010 SUPREME COURT OF THE STATE OF NEW YORK. NEW YORK COUNTY WILLIAM HARVEY, on behalf of himself: and others similarly situated, : Index Nos. 600663/04 and 600508/06 Plaintiffs, -against- METROPOLITAN LIFE INSURANCE COMPANY, Defendant. STIPULATION OF FACTS IN SUPPORT OF CONDITIONAL CLASS CERTIFICATION FOR SETTLEMEN…
New York County, NY
Aug 18, 2010
Commercial Division
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU Civil Action No. 07/021135 IN RE ARCHSTONE WESTBURY TENANT LITIGATION SUBMISSIONS TO COURT AT ORAL ARGUMENT ON PLAINTIFFS MOTION FOR CLASS CERTIFICATION ON FEBRUARY 9, 2010 In re Archstone Westbury Tenant Litigation Opposition to Class Certification Oral Argument February 9, 2010 Class Certification Under Article 9 What Will We Address Today? eo The Courts Questions _ o Key Issues _ o The Inevitable Result BURDEN Burden What Is Pla…
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