Desrosiers v. Perry Ellis Menswear, LLC

Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered November 13, 2015, which, insofar as appealed from, denied plaintiff’s cross motion to notify the putative class of the discontinuance of the instant action, pursuant to CPLR 908, unanimously reversed, on the law, without costs, and the matter remanded to the court to fashion an appropriate notification under the statute.

Although the time in which to seek class certification had expired pursuant to CPLR 902 by the time defendants sought discontinuance of this case based on the settlement, the court improperly denied…