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GUZMAN v. AMERICARE, INC.

Index No. 24877/18E. Appeal Nos. 15284-15284A-15284B. Case Nos. 2021-01483, 2021-03366, 2021-03551.

202 A.D.3d 504 (2022)

158 N.Y.S.3d 829

2022 NY Slip Op 00940

Laury Vasquez Guzman, Individually and on Behalf of All Other Persons Similarly Situated, Respondent, v. Americare, Inc., et al., Appellants, et al., Defendants.

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

Decided February 10, 2022.

Attorney(s) appearing for the Case

Peckar & Abramson, P.C., New York (Kevin J. O'Connor of counsel), for appellants.

Law Office of William Coudert Rand, New York (William C. Rand of counsel), for respondent.

Concur— Gische, J.P., Kern, Moulton, Kennedy, Rodriguez, JJ.

No appeal lies from a decision, or from an appealed paper directing the settlement of an order (see CPLR 5512[a]).

Supreme Court providently exercised its discretion in granting plaintiff leave to reargue her motion for class certification and in granting certification upon reargument (CPLR 2221[d][2]; see Pludeman v Northern Leasing Sys., Inc., 74 A.D.3d 420, 421-422 [1st Dept 2010]). Plaintiff, a home health aide...

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