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ORTEGA v. SKYWORX CONTR. INC.

Index No. 650826/20. Appeal No. 1009. Case No. 2023-01671.

221 A.D.3d 463 (2023)

198 N.Y.S.3d 73

2023 NY Slip Op 05693

Juan Ortega et al., Appellants, v. Skyworx Contracting Inc. et al., Respondents, et al., Defendants.

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

Decided November 14, 2023.

Attorney(s) appearing for the Case

Lee Litigation Group, PLLC, New York ( C.K. Lee of counsel), for appellants.

Travis Law PLLC, New York ( Joseph A. DeBlase of counsel), for respondents.

Concur—Kapnick, J.P., Singh, Moulton, Shulman, Rosado, JJ.

Order, Supreme Court, New York County (Lyle Frank, J.), entered September 15, 2022, which denied plaintiffs' motion for class certification and granted defendants' cross-motion to dismiss the class action claims, unanimously affirmed, with costs.

On March 30, 2022, the court granted plaintiffs' motion for leave to file a second amended complaint, but at the same time denied plaintiffs' motion for class certification without prejudice, based on an implicit finding...

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