| Konstantynovska v Friendly Home Care, Inc. |
| 2025 NY Slip Op 05070 [241 AD3d 1540] |
| September 24, 2025 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Lyudmyla Konstantynovska, Individually and on Behalf
of All Other Persons Similarly Situated Who were Employed by Friendly Home Care,
Respondent, v Friendly Home Care, Inc., Appellant. |
Lichtman Law Firm, Pound Ridge, NY (Jonathan M. Bardavid of counsel), for appellant.
Virginia & Ambinder, LLP, New York, NY (LaDonna M. Lusher and Jenny S. Brejt of counsel), for respondent.
In a putative class action, inter alia, to recover damages for violations of Labor Law article 19, the defendant appeals from an order of the Supreme Court, Kings County (Wavny Toussaint, J.), dated February 15, 2023. The order denied the defendant's motion to compel certain class members to arbitrate their causes of action and, in effect, to stay the class action as it pertains to those class members.
Ordered that the appeal is dismissed as academic, without costs or disbursements.
The relief sought on this appeal has been rendered academic by reason of our determination in a related appeal (see Konstantynovska v Friendly Home Care, Inc., 241 AD3d 1537 [2025] [decided herewith]). Accordingly, this appeal must be dismissed as academic. Iannacci, J.P., Brathwaite Nelson, Voutsinas and Landicino, JJ., concur.