high rent vacancy, purportedly deregulated in 2014, requiring more than $56,600 in IAIs); and
(10) S.E. Falk (6L [same address]; in 2016, rent increased by $1,131.76, a 134% increase
requiring more than $54,700 in IAIs). The plaintiffs allege IAIs in differing amounts, undertaken
at different times, involving different buildings, and a variety of defendant-landlords.
In contrast, in Roberts v Ocean
Prime, LLC (148 AD3d 525), which involved a class action brought by tenants
pertaining to "Superstorm Sandy," the Court found that the "commonality requirement is also
satisfied in that the proof at trial will consist of evidence of defendants' efforts to prevent damage
in advance of the storm and to repair damage after the storm" (id. at 525). The Court
determined that the class consists of tenants of the building and that common questions as to
liability predominated over individual questions concerning damages that each class member
sustained (id.).
To be sure, in Roberts v Ocean Prime, LLC, the Court recognized that the trial court
"may, in its discretion, establish subclasses" (id., citing City of New York v Maul,
14 NY3d at 513). "The need to conduct individualized damages inquiries does not obviate the
utility of the class mechanism for this action, given the predominant common issues of liability"
(Borden v 400 E. 55th St. Assoc.,
L.P., 105 AD3d 630, 631 [1st Dept 2013], affd 24 NY3d 382 [2014]). Here,
however, as discussed above, the Sub-Class was not designated solely for the purpose of
damages, but for the purpose of establishing liability in the first instance.
Time-barred
Defendants also argue that the claims of the following plaintiffs are time-barred: Thomas
Pierce and April Townes (5B at 11 Seaman Avenue); Antonio Vazquez and Jennifer Duprey (4E