KONSTANTYNOVSKA v. FRIENDLY HOME CARE INC (2025)

Supreme Court, Appellate Division, Second Department, New York.

Lyudmyla KONSTANTYNOVSKA, etc., respondent, v. FRIENDLY HOME CARE, INC., appellant.

2023-02196

Decided: September 24, 2025

ANGELA G. IANNACCI, J.P., VALERIE BRATHWAITE NELSON, HELEN VOUTSINAS, CARL J. LANDICINO, JJ.

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.

DECISION & ORDER

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., ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2025 WL 2714295 [Appellate Division Docket No. 2022–02946; decided herewith]). Accordingly, this appeal must be dismissed as academic.

IANNACCI, J.P., BRATHWAITE NELSON, VOUTSINAS and LANDICINO, JJ., concur.

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