Legal Opinion

Desrosiers v. Perry Ellis Menswear, LLC

Court for the Trial of Impeachments and Correction of Errors

Decided December 12, 2017No. 121; No. 122PublishedCited by 18 opinions

1Opinion of the Court

FAHEY, J.:

*1264**393CPLR 908 provides that "[a] class action shall not be dismissed, discontinued, or compromised without the approval of the court," and that "[n]otice of the proposed dismissal, discontinuance, or compromise shall be given to all members of the class in such manner as the court directs." On this appeal, we must determine whether CPLR 908 applies only to certified class actions, or also to class actions that are settled or dismissed before the class has been certified. We conclude that CPLR 908 applies in the pre-certification context. As a result, notice to putative class members…

2Cases cited26 opinions

  1. Majewski v. Broadalbin-Perth Central School DistrictNew York Court of Appeals · 1998
  2. Standard Fire Insurance Co. v. KnowlesSupreme Court of the United States · 2013
  3. Boreali v. AxelrodNew York Court of Appeals · 1987
  4. DaimlerChrysler Corp. v. SpitzerNew York Court of Appeals · 2006
  5. Roberts v. Tishman Speyer Properties, L.P.New York Court of Appeals · 2009

21 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Rodriguez v. City of N.Y.Court for the Trial of Impeachments and Correction of Errors · 2018
  2. People v. FrancisCourt for the Trial of Impeachments and Correction of Errors · 2018
  3. Matter of People v. JuarezNew York Court of Appeals · 2018
  4. Matter of McCabe v. 511 W. 232nd Owners Corp.New York Court of Appeals · 2024
  5. Badzio v. Americare Certified Special Servs., Inc.Appellate Division of the Supreme Court of the State of New York · 2019

13 more not listed; retrieve them via the Exa API.

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