Opinion
2014-04-15
Sarah CRUZ, et al., Plaintiffs–Appellants, v. TOWN SPORTS INTERNATIONAL, doing business as New York Sports Club, Defendant–Respondent.
Outten & Golden LLP, New York (Molly A. Brooks of counsel), for appellants. Becker, Glynn, Muffly, Chassin & Hosinski LLP, New York (Jordan E. Stern of counsel), for respondent.
Outten & Golden LLP, New York (Molly A. Brooks of counsel), for appellants. Becker, Glynn, Muffly, Chassin & Hosinski LLP, New York (Jordan E. Stern of counsel), for respondent.
Order, Supreme Court, New York County (Paul Wooten, J.), entered February 4, 2013, which, to the extent appealed from as limited by the briefs, granted defendant's motions to dismiss the class claims, unanimously affirmed, without costs.
The court properly granted defendant's motion to dismiss plaintiffs' class claims since plaintiffs failed to move for class certification ( seeCPLR 902; Shah v. Wilco Sys., Inc., 27 A.D.3d 169, 806 N.Y.S.2d 553 [1st Dept.2005], lv. dismissed in part and denied in part 7 N.Y.3d 859, 824 N.Y.S.2d 597, 857 N.E.2d 1129 [2006] ). Even if plaintiffs had made an untimely motion or had sought an extension of their time to make the motion beyond the agreed-upon deadline, they failed to demonstrate good cause warranting an extension ( cf. Galdamez v. Biordi Constr. Corp., 50 A.D.3d 357, 855 N.Y.S.2d 104 [1st Dept.2008]; Argento v. Wal–Mart Stores, Inc., 66 A.D.3d 930, 888 N.Y.S.2d 117 [2d Dept.2009] ). TOM, J.P., ACOSTA, FREEDMAN, KAPNICK, JJ., concur.