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SORRENTINO v. ASN ROOSEVELT CENTER LLC

No. 08CV0550 (ADS)(ETB).

579 F.Supp.2d 387 (2008)

Andrea SORRENTINO, D'Angelo and Patricia Jackson, Louis Apa, Steven Andelman, Peedo and Saifon Pituk, Manny Delmas and Barbara Lindon, Chandeep Sodhi, Jaspreet Sodhi, Jaclyn Tesoriero, Kimberly Cilone, Marie Varallo, and Hsiangchi Hsu, individually and on behalf of themselves and all other persons similarly situated, Plaintiffs, v. ASN ROOSEVELT CENTER, LLC d/b/a Archstone Westbury, Archstone Smith Communities LLC, Archstone Smith Operating Trust, John Doe Corporation I Through X, Defendants.

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

September 29, 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, for Plaintiffs.

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

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

I. BACKGROUND

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

The plaintiffs in this putative class action are former tenants of a luxury apartment complex located at 1299 Corporate Drive, Westbury, NY. 11590 (the "Westbury Complex"). On or about November 27, 2007, the tenants were notified by their landlord, ASN Roosevelt Center...

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