Medina v. Fairway Golf Mgmt., LLC
| Decision Date | 13 November 2019 |
| Docket Number | 2017–11586,Index No. 607829/15 |
| Parties | Melvin MEDINA, etc., Respondent, v. FAIRWAY GOLF MANAGEMENT, LLC, et al., Defendants, Mill Pond Country Club Caterers, Inc., et al., Appellants. |
| Court | New York Supreme Court — Appellate Division |
177 A.D.3d 727
112 N.Y.S.3d 187
Melvin MEDINA, etc., Respondent,
v.
FAIRWAY GOLF MANAGEMENT, LLC, et al., Defendants,
Mill Pond Country Club Caterers, Inc., et al., Appellants.
2017–11586
Index No. 607829/15
Supreme Court, Appellate Division, Second Department, New York.
Submitted—May 24, 2019
November 13, 2019
Silverman Acampora, LLP, Jericho, N.Y. (Brian J. Shenker and Alan B. Pearl of counsel), for appellants.
Leeds Brown Law, P.C., Carle Place, N.Y. (Suzanne B. Klein, Brett R. Cohen, Jeffrey K. Brown, and Michael A. Tompkins of counsel), for respondent.
WILLIAM F. MASTRO, J.P., SYLVIA O. HINDS–RADIX, JOSEPH J. MALTESE, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
In a putative class action to recover damages for violations of Labor Law § 196–d, the defendants Mill Pond Country Club Caterers, Inc., John Rossi, Anthony Gillespie, and Michael Danon appeal from an order of the Supreme Court, Nassau County (Stephen A. Bucaria, J.), entered August 8, 2017. The order granted the plaintiff's motion for class certification pursuant to CPLR article 9.
ORDERED that the order is affirmed, with costs.
The plaintiff, a catering service employee, commenced this action to recover damages for violations of Labor Law § 196–d. He alleged that the defendants, owners and operators of a golf course and its food and beverage catering operation, improperly retained mandatory service charges that were imposed upon customers for catered events, which customers would reasonably believe were gratuities for the catering employees. The plaintiff moved for class certification pursuant to CPLR article 9. The Supreme Court granted the motion, and the defendants Mill Pond Country Club Caterers, Inc., John Rossi, Anthony Gillespie, and Michael Danon appeal.
The proponent of a motion for class certification bears the
burden of establishing compliance with the requirements of CPLR 901 and 902 (see Cooper v. Sleepy's, LLC, 120 A.D.3d 742, 743, 992 N.Y.S.2d 95 ). CPLR 901(a) sets forth the five requirements for certification of a class action: "1. the class is so numerous that joinder of all members, whether otherwise required or permitted, is impracticable; 2. there are questions of law or fact common to the class which predominate over any questions affecting only individual members; 3. the claims or defenses of the representative parties are typical of the claims or defenses of the class; 4. the representative parties will fairly and adequately protect the interests of the class; and 5. a class action is superior to other available methods for the fair and...
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