2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 9 - (901 - R909) CLASS ACTIONS
904 - Notice of class action.

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