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Supreme Court Certifies Class In Article 3a Of Lien Law Case Post-Trial

The Supreme Court, New York County, granted Plaintiff’s motion to reargue its previously denied motion for class certification post-trial. The Court, citing Brooklyn Navy Yard Dev. Corp. v. J.M. Dennis Const. Corp., 12 A.D.3d 630 (2d Dept. 2004), held that while an action to enforce a trust under New York’s Lien Law must be brought by a class action, failure to comply could be cured post-trial. The Court also found that pursuant to the explicit language of the Lien Law, certain class requirements may be waived. Based upon the forgoing, the Court found that Plaintiff satisfied the requirements for class certification under New York’s Lien Law. Ronsco v. Corporate Interiors Contractors, Inc, et al., Index No. 653969/2014 and 653970/2014 (Sup. Ct., N.Y. Cnty., Oct. 2019)