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Geoffrey Desrosiers,, Respondents,v.Perry Ellis Menswear, LLC, et al., Appellants.

Brief

36 Cited authorities

  1. American Pipe Construction Co. v. Utah

    414 U.S. 538 (1974)   Cited 2,109 times   162 Legal Analyses
    Holding the commencement of a class action "suspends the applicable statute of limitations as to all asserted members of the class who would have been parties had the suit been permitted to continue as a class action"

  2. Small v. Lorillard Tobacco Co.

    94 N.Y.2d 43 (N.Y. 1999)   Cited 694 times   7 Legal Analyses
    Holding that where the underlying tort theory fails, "there is no independent tort to provide a basis for liability under . . . concert of action, conspiracy, and aiding and abetting theories"

  3. Dole v. Dow Chemical Co.

    30 N.Y.2d 143 (N.Y. 1972)   Cited 727 times   1 Legal Analyses
    Holding that liability should be apportioned among joint tortfeasors according to relative fault

  4. Rochester v. Chiarella

    65 N.Y.2d 92 (N.Y. 1985)   Cited 197 times

    Argued March 18, 1985 Decided May 2, 1985 Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Robert A. Contiguglia, J. Louis N. Kash, Corporation Counsel, for City of Rochester, appellant. Kenneth A. Payment and A. Paul Britton for subclass A-2, appellants. Byron Johnson for subclass B, appellants. Robert A. Feldman for subclass C, appellants. Douglass Foss, Edward H. Fox and Karl S. Essler for Angelo Chiarella, appellant. Joseph A. Regan for respondents. SIMONS

  5. Shah v. Wilco Systems, Inc.

    27 A.D.3d 169 (N.Y. App. Div. 2005)   Cited 106 times   1 Legal Analyses
    Granting summary judgment on NYCHRL disparate pay claim and holding that "where the claim is based on disparate pay, a plaintiff must first set forth a prima facie case of discrimination, i.e., that he is a member of a protected class and that he was paid less than similarly-situated non-members of the class"

  6. Pruitt v. Rockefeller Ctr. Props., Inc.

    167 A.D.2d 14 (N.Y. App. Div. 1991)   Cited 159 times
    Finding that class actions are "particularly appropriate where ... class members have allegedly sustained damages in amounts insufficient to justify individual actions"

  7. Brady v. Ottaway Newspapers

    63 N.Y.2d 1031 (N.Y. 1984)   Cited 85 times

    Argued October 17, 1984 Decided November 20, 1984 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Abraham Isseks, J. Joseph Sluzar for defendants-appellants. Peter E. Bloom for plaintiffs-appellants. Robert Abrams, Attorney-General ( Jeffrey I. Slonim, Peter H. Schiff and Howard L. Zwickel of counsel), for respondent. MEMORANDUM. The order of the Appellate Division should be affirmed, with costs. In this action for damages for libel, plaintiffs and defendants

  8. Colt Indus Shareholder Litig

    155 A.D.2d 154 (N.Y. App. Div. 1990)   Cited 72 times   8 Legal Analyses

    April 3, 1990. Appeal from the Supreme Court, New York County, Diane A. Lebedeff, J. Robert L. Beerman of counsel (Charles W. German, W. Perry Brandt and John J. Miller with him on the brief; Beerman Wadler, and Stinson, Mag Fizzell, attorneys), for appellant. Seth M. Schwartz of counsel (Skadden, Arps, Slate, Meagher Flom, attorneys), for respondents. ROSS, J. The primary issue to be resolved on this appeal is under what circumstances can an out-of-State resident, who has no contacts with New York

  9. Rodriguez v. Met. Cable Com

    79 A.D.3d 841 (N.Y. App. Div. 2010)   Cited 30 times
    Holding that plaintiff's need to conduct pre-class certification discovery to determine whether the prerequisites of a class action may be met and that the purpose of pre-class certification discovery is to ascertain the dimensions of the group of individuals who share plaintiff's grievance"

  10. O'Hara v. Del Bello

    47 N.Y.2d 363 (N.Y. 1979)   Cited 85 times
    Requiring the person who commences a class action to move for permission to maintain the action as a class action within 60 days after the time for service of a responsive pleading has expired.

  11. Section R3211 - Motion to dismiss

    N.Y. C.P.L.R. § 3211   Cited 37,935 times   3 Legal Analyses
    Granting dismissal where a defense is based upon documentary evidence

  12. Section 5501 - Scope of review

    N.Y. CPLR 5501   Cited 7,190 times   2 Legal Analyses
    Stating that the “shocks the conscience” standard “was relaxed in 1986 in tort actions, including the common personal injury and wrongful death actions in which additur and remittitur are most often seen”

  13. Section 5602 - Appeals to the court of appeals by permission

    N.Y. CPLR 5602   Cited 1,154 times
    Discussing appeals by permission to New York Court of Appeals

  14. Section 901 - Prerequisites to a class action

    N.Y. CPLR 901   Cited 970 times   6 Legal Analyses
    Providing that "an action to recover a penalty, or minimum measure of recovery created or imposed by statute may not be maintained as a class action" unless the "statute creating or imposing penalty, or minimum measure of recovery specifically authorizes the recovery thereof in a class action"

  15. Section 902 - Order allowing class action

    N.Y. CPLR 902   Cited 574 times
    SeeFleming v. Barnwell Nursing Home & Health Facilities, 309 A.D.2d at 1134, 766 N.Y.S.2d 241

  16. Section 5713 - Content of order granting permission to appeal to court of appeals

    N.Y. CPLR 5713   Cited 288 times

    When the appellate division grants permission to appeal to the court of appeals, its order granting such permission shall state that questions of law have arisen which in its opinion ought to be reviewed. When the appeal is from a non-final order, the order granting such permission shall also state that the findings of fact have been affirmed, or reversed or modified and new findings of fact made, or have not been considered, shall specify the findings of fact which have been reversed or modified

  17. Section R908 - Dismissal, discontinuance or compromise

    N.Y. C.P.L.R. § 908   Cited 101 times   1 Legal Analyses
    Requiring court approval but not specifying a standard

  18. Section R3221 - Offer to compromise

    N.Y. C.P.L.R. § 3221   Cited 44 times

    Except in a matrimonial action, at any time not later than ten days before trial, any party against whom a claim is asserted, and against whom a separate judgment may be taken, may serve upon the claimant a written offer to allow judgment to be taken against him for a sum or property or to the effect therein specified, with costs then accrued. If within ten days thereafter the claimant serves a written notice that he accepts the offer, either party may file the summons, complaint and offer, with

  19. Section 500.13 - Content and form of briefs in normal course appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.13

    (a) Content. All briefs shall conform to the requirements of section 500.1 of this Part and contain a table of contents, a table of cases and authorities, questions presented, point headings, and, if necessary, a disclosure statement pursuant to section 500.1(f) of this Part. Such disclosure statement shall be included before the table of contents in the party's principal brief. Appellant's brief shall include a statement showing that the court has jurisdiction to entertain the appeal and to review