N.Y. CPLR § 904

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 904 Notice of class action § 904. Notice of class action. (a) In class actions brought primarilyfor injunctive or declaratory relief, notice of the pendency of theaction need not be given to the class unless the court finds that noticeis necessary to protect the interests of the represented parties andthat the cost of notice will not prevent the action from going forward.(b) In all other class actions, reasonable notice of the commencementof a class action shall be given to the class in such manner as thecourt directs.(c) The content of the notice shall be subject to court approval. Indetermining the method by which notice is to be given, the court shallconsiderI. the cost of giving notice by each method consideredII. the resources of the parties andIII. the stake of each represented member of the class, and thelikelihood that significant numbers of represented members would desireto exclude themselves from the class or to appear individually, whichmay be determined, in the court's discretion, by sending notice to arandom sample of the class.(d) I. Preliminary determination of expenses of notification. Unlessthe court orders otherwise, the plaintiff shall bear the expense ofnotification. The court may, if justice requires, require that thedefendant bear the expense of notification, or may require each of themto bear a part of the expense in proportion to the likelihood that eachwill prevail upon the merits. The court may hold a preliminary hearingto determine how the costs of notice should be apportioned.II. Final determination. Upon termination of the action by order orjudgment, the court may, but shall not be required to, allow to theprevailing party the expenses of notification as taxable disbursementsunder article eighty-three of the civil practice law a udgment, the court may, but shall not be required to, allow to theprevailing party the expenses of notification as taxable disbursementsunder article eighty-three of the civil practice law and rules.