Zerafa v. Midas Property Management Corp.

Background

Daniel Zerafa brought claims against Midas Property Management Corp., Midas Management Assoc. Inc., several individuals, The Herkimer Executive House, Inc., and 29-33 Convent Avenue HDFC. The claims alleged violations of the Fair Labor Standards Act, New York Labor Law, and New York common law. The parties reported that they had reached a settlement in principle.

The court had directed the parties to submit a motion asking the court to approve the settlement by February 3, 2023. The parties had already received two deadline extensions. Zerafa’s counsel stated that Zerafa, The Herkimer Executive House, Inc., and 29-33 Convent Avenue HDFC had signed the settlement agreement, but some Midas Defendants had not yet been available to sign. The parties expected those signatures the following week.

Request and ruling

With the consent of all defendants, Zerafa requested an extension until February 8, 2023, to submit the settlement-approval motion with a fully signed agreement. In the alternative, the parties asked to submit the motion with a partly signed agreement and later provide the fully signed version. They also proposed a deadline for anticipated defense motions to dismiss if the court denied those requests.

Judge Mary Kay Vyskocil granted the request. The court ordered that the motion with the fully signed agreement was due February 8, 2023. The order did not approve the settlement itself or rule on the parties’ underlying claims.