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VENTIMIGLIA v. TISHMAN SPEYER ARCHSTONE-SMITH

Nos. 08CV1010 (ADS)(ETB), 08CV1751 (ADS)(ETB).

588 F.Supp.2d 329 (2008)

Jessica VENTIMIGLIA, Paul Pfleiderer, Gina Eppolito, Wendy Williams-McDonnell, Mark McDonnell, Darryl J. Osojnak, Beth Osojnak, Sharise Greenwald, Leonard Wasserman, Albert Comanda, and Angeline Comanda, individually and on behalf of themselves and all other persons similarly situated, Plaintiffs, v. TISHMAN SPEYER ARCHSTONE-SMITH WESTBURY, L.P., f/k/a ASN Roosevelt Center, LLC d/b/a Archstone Westbury, Defendant. In re Archstone Westbury Tenant Litigation. Richardo Francois, Pat Marchese, David Dickman, Paul Balzano, Bettianne Balzano, Steve Randall, Joyce Randall, Xavier Carter, Jeffrey Nieves, Plaintiffs, v. Tishman Speyer Archstone-Smith Westbury, L.P., f/k/a ASN Roosevelt Center, LLC d/b/a/ Archstone Westbury, Defendant.

United States District Court, E.D. New York.

November 28, 2008.

Attorney(s) appearing for the Case

Lowey Dannenberg Cohen & Hart, P.C., by Richard Wolfe Cohen, Esq., Jeanne F. D'Esposito, Esq., Scott Vincent Papp, Esq., of Counsel, Malverne, NY, Meyer, Suozzi, English & Klein, P.C., by Abraham B. Krieger, Esq., Michael A. Ciaffa, Esq., of Counsel, Garden City, NY, Kaye & Lenchner, by Corey Kaye, Esq., of Counsel, Mineola, NY, Finz & Finz, P.C., by Stephen L. Finz, Esq., Jay Feigenbaum, Esq., Todd M. Rubin, Esq., of Counsel, Jericho, NY, Drummond & Crawford, P.C., by Stephen L. Drummond, Esq., Joann Squillace, Esq., of Counsel, Queens Village, NY, for the Plaintiffs.

Westerman Ball Ederer Miller & Sharfstein, LLP, by William Edward Vita, Esq., Jennifer L. Noe, Esq., of Counsel, Mineola, NY, Shook Hardy & Bacon, LLP, by Peter Strand, Esq., David Thorne, Esq., Rebecca Schwartz, Esq., of Counsel, Washington, DC, for the Defendant.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

I. BACKGROUND

The following facts are derived from the pleadings and the parties' submissions on the motions.

The plaintiffs in these putative class actions are former tenants of a luxury apartment complex located at 1299 Corporate Drive, Westbury, N.Y. 11590 (the "Westbury Complex"). On or about November 27, 2008, the tenants were notified by their landlord...

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