New York State Supreme Court grants preliminary approval of Superstorm Sandy class action settlement

Preliminary Approval Granted in Hurricane Sandy Class Action Against Parking Garage Owner
 
 
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Vincent Imbesi
Jeanne Christensen
Imbesi Christensen
227 Cherry
Superstorm Sandy

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Insurance
Legal

Location:
New York City - New York - US

Subject:
Awards

NEW YORK - Oct. 14, 2013 - PRLog -- Napoli Bern Ripka Shkolnik, LLP and Imbesi Christensen announce that the New York State Supreme Court, County of New York, has granted preliminary approval to a class action settlement in the Hurricane Sandy related case entitled Abraham Lee, et.al. v. Cherry Street, LLC, et al., Index No.: 158883/2012. The Final Fairness Hearing is set for November 17, 2013. Class Members can access the Court Ordered Notice and related court filings at http://www.nylawinsurance.com/cherrysettle.html.

The lawsuit, filed on December 14, 2012, alleged that the owners of the parking garage located at 227 Cherry Street, in New York, New York failed to properly notify the garage's monthly parking customers that the entrance gate would be locked on Sunday, October 28, 2012 at 4:00 p.m., rendering the vehicles inaccessible, more than twenty-four hours (24) prior to Superstorm Sandy‚Äôs landfall.  Subsequent to the unannounced closing, the entrance gate was not opened despite numerous pleas from vehicle owners to the parking garage's management company. As a result, many of the vehicle owners were unable to evacuate Zone A.

The complaint also alleges that the Defendants failed to construct proper water barriers around the perimeter of the property, including in front of a parking garage entrance. As a result, water was able to flow into the parking garage and all vehicles were rendered unsalvageable.

The Defendants deny that the parking garage was not adequately secured against damaging flood waters and that it failed to properly inform the vehicle owners of the Sunday closing.

Who is Eligible to Participate in the Settlement?

All persons, corporations, or entities that had a licensed space and/or lawfully parked at the 227 Street Parking Garage on October 28, 2012.

How to Participate in the Settlement

All persons, corporations, or entities that had a licensed space and/or lawfully parked at the 227 Street Parking Garage on October 28, 2012, must complete and return a Claim Form, a copy which is available at www.nylawinsurance.com, by October 21, 2013.  The final fairness hearing will be held on November 17, 2013.

For more information, please contact Jeanne Christensen (212) 736-5588.
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