Guzman v. Americare, Inc.
| Decision Date | 10 February 2022 |
| Docket Number | 15284-15284A-15284B,Index No. 24877/18E,Case Nos. 2021-01483, 2021-03366, 2021-03551 |
| Citation | 202 A.D.3d 504,158 N.Y.S.3d 829 (Mem) |
| Parties | Laury Vasquez GUZMAN etc., Plaintiff–Respondent, v. AMERICARE, INC., et al., Defendants–Appellants, John Does #1–10, et al., Defendants. |
| Court | New York Supreme Court — Appellate Division |
202 A.D.3d 504
158 N.Y.S.3d 829 (Mem)
Laury Vasquez GUZMAN etc., Plaintiff–Respondent,
v.
AMERICARE, INC., et al., Defendants–Appellants,
John Does #1–10, et al., Defendants.
15284-15284A-15284B
Index No. 24877/18E
Case Nos. 2021-01483, 2021-03366, 2021-03551
Supreme Court, Appellate Division, First Department, New York.
ENTERED February 10, 2022
Peckar & Abramson, P.C., New York (Kevin J. O'Connor of counsel), for appellants.
Law Office of William Coudert Rand, New York (William C. Rand of counsel), for respondent.
Gische, J.P., Kern, Moulton, Kennedy, Rodriguez, JJ.
Appeal from decision, Supreme Court, Bronx County (Edgar G. Walker, J.), entered on or about April 19, 2021, which to the extent appealed from as limited by the briefs, granted plaintiff's motion for leave to renew and reargue her motion for class certification and upon renewal and reargument, granted class certification and directed the parties to settle an order, unanimously dismissed, without costs, as taken from a nonappealable paper. Order, same court and Justice, entered on or about September 8, 2021, which, to the extent appealed from as limited by the briefs and appealable, denied defendants’ motion for leave to renew their opposition to plaintiff's motion to renew and reargue, unanimously affirmed, without costs. Order, same court and Justice, entered on or about September 29, 2021, which to the extent appealed from as limited by the briefs, certified a class, unanimously affirmed, without costs.
No appeal lies from a decision, or from an appealed paper directing the settlement of an order (see CPLR 5512[a] ).
Supreme Court providently exercised its discretion in granting plaintiff leave to reargue her motion for class certification and in granting certification upon reargument ( CPLR 2221[d][2] ; see Pludeman v. Northern Leasing Sys., Inc., 74 A.D.3d 420, 421–422, 904 N.Y.S.2d 372 [1st Dept. 2010] ). Plaintiff, a home health aide, submitted her paystubs and...
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