NOTICE OF CLASS ACTION LAWSUIT
TO: All individuals who performed work on behalf of Defendant Niranjan K. Mittal and
Niranjan K. Mittal, Physician, PLLC, (“Mittal”) at or through his location Family
Healthcare and Cardiac Center, located at 7404 5th Avenue, Brooklyn, New York 11209 as
a Medical Assistant, Assistant, Office Assistant, Call Center employee, Secretary at any
time between and today (the “Class Period”) between September 4, 2014 and today.
The purpose of this Notice is to advise you that a lawsuit has been filed against Mittal alleging
claims under New York law and to advise you of the legal rights you may have with respect to
this lawsuit.
DESCRIPTION OF THE LAWSUIT
Plaintiff Qunella A. Maylou, Modessia Williams and Haajar Carter (“Plaintiffs”), worked
as Medical Assistants, Office Assistants and Call center personnel for Mittal and filed a lawsuit
in state court under New York law alleging that Mittal did not pay Plaintiffs for every hour
worked during a two (2) week payroll period, did not pay Plaintiffs their overtime for hours
worked in excess of forty (40) per week, and did not pay Plaintiffs “spread of hours”
compensation. Plaintiffs also alleged they were never given wage statements, wage notification
forms.
The Court has allowed this action to proceed as a class action lawsuit and has authorized
publication of this Notice to advise you about the status of this lawsuit. The Court has not
decided whether the claims in the lawsuit are valid or have any merit.
Mittal denies that Plaintiffs’ claims have any merit and has asserted various defenses
against Plaintiffs’ claims. Friendly vigorously denies any wrongdoing or liability to Plaintiffs or
any past or present employee of Friendly who may allege that he or she was underpaid.
FILED: KINGS COUNTY CLERK 08/06/2023 06:40 PM INDEX NO. 516657/2020
NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 08/06/2023
YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT
A class has been certified for claims arising under New York law seeking wages. You may
participate in this case as long as you were employed by Mittal in New York as a Medical
Assistant, Assistant, Office Assistant, Call Center employee, Secretary at any time between and
today (the “Class Period”) between September 4, 2014 and today.
If you wish to be included in this lawsuit, or you do nothing in response to this Notice,
you will be a member of the Class of persons whose rights will be determined by the lawsuit. As
a Class member, you will waive your right to proceed individually and you will also waive any
right you may have to liquidated damages, a penalty that the court may decide to impose if it
finds that Friendly willfully violated the law. As a member of the Class, you will also be legally
bound by any decision of the Court in this lawsuit. Regardless of whether Plaintiffs win or lose
in this lawsuit, you will not be able to sue Friendly in a separate action for the claims alleged in
this case.
You will be represented by the law firm of The Law Office of Jason Tenenbaum, P.C.,
the attorneys designated by the Court to represent you (“Class Counsel”). If a settlement or
judgment is reached at the conclusion of the case, Class Counsel will make an application to the
Court for the recovery of their legal fees and costs, and the Court will have discretion in the
amount to award Class Counsel. Their costs and fees will be paid out of any recovery that may
be obtained in this lawsuit. You have a right to consult with an attorney about this matter. If you
wish to be represented by other counsel, you may retain another attorney, but you may be
responsible for paying that attorney.
If you do not wish to participate in this lawsuit, you must send a signed letter stating “I
elect to exclude myself from the class in “Qunella Maylou, et. al. v. Niranjan Mittal, et. al., Index
No. 516657/2020, pending in the Supreme Court of New York for Kings County.” You must
also include your name, address, telephone number, and signature. Your request to exclude
yourself from the Class must be postmarked no later than [60 days from the mailing of the
notice], and must be mailed by First Class U.S. mail to Jason Tenenbaum, of Virginia &
Ambinder, LLP, located at 35 Pinelawn Road, Suite 105E, Melville, New York, 11747,
www.jtnylaw.com, [email protected]. You must follow these procedures precisely in order to
exclude yourself from this lawsuit. If you decide not to participate in this lawsuit, you may not
be eligible to receive any benefits in the event that recovery is obtained, but you will retain the
right to sue Mittal separately and on your behalf for the claims asserted in the lawsuit
You can obtain further information about Class Counsel by visiting The Law Office of
Jason Tenenbaum, P.C. website www.jtnylaw.com or contacting Jason Tenenbaum, Esq., 35
Pinelawn Road, Suite 105E, Melville, New York 11747, [email protected], telephone number
(516) 750-0595, fax (516) 414-2869.
FILED: KINGS COUNTY CLERK 08/06/2023 06:40 PM INDEX NO. 516657/2020
NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 08/06/2023
You have a right to participate in this lawsuit even if you are an undocumented immigrant
or you are still working for Friendly.
All communications and discussions with The Law Office of Jason Tenenbaum,P.C. are
confidential and will not be disclosed without your consent.
DO NOT CONTACT THE COURT OR THE CLERK’S OFFICE WITH QUESTIONS
