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GOLD v. NEW YORK LIFE INS.

653923/12. 2430.

153 A.D.3d 216 (2017)

59 N.Y.S.3d 316

2017 NY Slip Op 05695

AVRAHAM GOLD et al., Appellants, v. NEW YORK LIFE INSURANCE CO. et al., Respondents.

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

Decided July 18, 2017.

Attorney(s) appearing for the Case

Lovell Stewart Halebian Jacobson, LLP, New York City ( John Halebian and Adam Mayes of counsel), and Law Offices of Sanford F. Young, P.C., New York City ( Sanford F. Young of counsel), for appellants.

Morgan Lewis & Bockius LLP, New York City and Princeton, N.J. ( Sean P. Lynch and Richard G. Rosenblatt of the New Jersey and Pennsylvania bars, admitted pro hac vice, of counsel), for respondents.

ACOSTA, P.J., and MAZZARELLI, J., concur with MOSKOWITZ, J.; FRIEDMAN and ANDRIAS, JJ., dissent in part in an opinion by ANDRIAS, J.

OPINION OF THE COURT

On this appeal, we consider an issue that we have never directly addressed before now: whether employees can be obliged to arbitrate collective disputes such as class actions regarding wage disputes with their employers. We find that plaintiffs cannot be required to arbitrate their disputes with defendant...

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