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DESROSIERS v. PERRY ELLIS MENSWEAR, LLC

1120, 151414/15.

139 A.D.3d 473 (2016)

30 N.Y.S.3d 630

2016 NY Slip Op 03681

GEOFFREY DESROSIERS, Individually and on Behalf of Other Persons Similarly Situated, Appellant, v. PERRY ELLIS MENSWEAR, LLC, et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 10, 2016.

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 plaintiff's application to send CPLR 908 notice to the putative class members. CPLR 908 reads as follows: "A class action shall not be dismissed, discontinued, or compromised without the approval of the court. Notice of the proposed...

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