Melamed v. Americare Certified Special Servs., Inc.

Summary

The Appellate Division, Second Department, reversed an order dismissing class action allegations in a wage-and-hour action brought by home health aides. The court held that the initial class-certification motion was timely and that defendants' refusal to provide requested payroll data justified denying dismissal and compelling production of the data.

Holdings

1. The time limitation for filing a motion for class certification applies only to a motion for initial certification; plaintiffs' initial class-certification motion was timely.
2. Dismissal of the class action allegations was improper where defendants had refused to provide material payroll data needed to determine whether the prerequisites for class certification could be satisfied.
3. Plaintiffs' CPLR 3124 cross-motion to compel production of the requested payroll data should have been granted.

Questions Presented

1. Whether the time limitation for filing a class-certification motion applied to plaintiffs' initial motion, which had already been timely made.
2. Whether defendants could obtain dismissal of the class action allegations based on plaintiffs' failure to renew their certification motion when defendants had withheld material payroll data needed for certification.
3. Whether plaintiffs were entitled under CPLR 3124 to compel production of payroll data material and necessary to evaluate class-certification requirements.

Disposition

reversed