In a decision dated February 19, 2009, Justice Platkin denied the plaintiffs’ motion to certify a class action brought against a cellular telephone company, where the plaintiffs alleged that the defendant systematically overcharged its subscribers in violation of consumer protection statutes and contract laws. In denying the motion to certify two classes, the court held… Continue Reading
Category Archives: Class Certification
Subscribe to Class Certification RSS FeedKrebs v. Canyon Club, Inc., 22 Misc3d 1125(A), 2009 NY Slip Op 50291(U) [Sup Ct Westchester County 2009]
Posted in Class Action, Class Certification, Industry: hospitality, Justice Scheinkman, Alan D., WestchesterIn a decision dated January 2, 2009, Justice Scheinkman certified a class, under CPLR § 901, of all persons employed by the defendant from April 20, 2002 as special event food servers, bartenders, and busers, where the plaintiff alleged that the defendant imposed a surcharge upon its patrons purporting to be a gratuity but did… Continue Reading