§ 904 — Notice of class action

New York § 904

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 9: Class Actions

Text

§ 904. Notice of class action. (a) In class actions brought primarily\nfor injunctive or declaratory relief, notice of the pendency of the\naction need not be given to the class unless the court finds that notice\nis necessary to protect the interests of the represented parties and\nthat the cost of notice will not prevent the action from going forward.\n (b) In all other class actions, reasonable notice of the commencement\nof a class action shall be given to the class in such manner as the\ncourt directs.\n (c) The content of the notice shall be subject to court approval. In\ndetermining the method by which notice is to be given, the court shall\nconsider\n I. the cost of giving notice by each method considered\n II. the resources of the parties and\n III. the stake of each represented member of the class, and the\nlikelihood that significant numbers of represented members would desire\nto exclude themselves from the class or to appear individually, which\nmay be determined, in the court's discretion, by sending notice to a\nrandom sample of the class.\n (d) I. Preliminary determination of expenses of notification. Unless\nthe court orders otherwise, the plaintiff shall bear the expense of\nnotification. The court may, if justice requires, require that the\ndefendant bear the expense of notification, or may require each of them\nto bear a part of the expense in proportion to the likelihood that each\nwill prevail upon the merits. The court may hold a preliminary hearing\nto determine how the costs of notice should be apportioned.\n II. Final determination. Upon termination of the action by order or\njudgment, the court may, but shall not be required to, allow to the\nprevailing party the expenses of notification as taxable disbursements\nunder article eighty-three of the civil practice law and rules.\n