Homer v. HY Attractions Manager LLC

A Court authorized a notice to be sent to eligible Class Members because you have a right to know about a proposed Settlement of this class action lawsuit and about all of your options, before the Court decides whether to give final approval to the Settlement. The Notice and this website explain the lawsuit, the Settlement, and your legal rights.

The case is called Homer v. HY Attractions Manager LLC., Index No. 631543/2024. The person who sued is called the Plaintiff. The Defendant is HY Attractions Manager LLC.

In a class action, one or more people called class representatives (in this case, Joshua Homer) sue on behalf of a group or a “class” of people who have similar claims. In a class action, the court resolves the issues for all Class Members, except for those who exclude themselves from the Settlement Class.

This lawsuit claims that Defendant failed to properly disclose a ticket processing fee for electronic tickets to The Edge NYC, in alleged violation of ACAL § 25.07(4). Defendant denies that it violated any law but has agreed to the Settlement to avoid the uncertainties and expenses associated with continuing the case.

The Court has not decided whether the Plaintiff or the Defendant should win this case. Instead, both sides agreed to a settlement. That way, they avoid the uncertainties and expenses associated with ongoing litigation, and Settlement Class Members will get compensation sooner rather than, if at all, after the completion of a trial.

The Court decided that everyone who fits the following description is a member of the Settlement Class:

All individuals who purchased electronic tickets to The Edge NYC from Defendant’s website from February 16, 2024, to and through July 6, 2024.

“Defendant’s website” means https://www.edgenyc.com/.

Monetary Relief. A Settlement Fund has been created totaling $250,000. Payments to Settlement Class Members, along with the cost to administer the Settlement, the cost to inform people about the Settlement, attorneys’ fees (inclusive of litigation costs), and an award to the Class Representative (see FAQ 12), will come out of this fund.

Prospective Relief. Additionally, as part of the Settlement, Defendant has represented that it is no longer charging processing fees for electronic tickets to The Edge NYC and has agreed not to reinstate those processing fees unless: (i) it clearly and conspicuously discloses the total cost of the tickets, inclusive of all processing fees, prior to the ticket being selected for purchase; or (ii) ACAL § 25.07(4) is amended, repealed, or otherwise invalidated.

A detailed description of the Settlement benefits can be found in the Settlement Agreement, a copy of which is accessible by clicking here.

To receive a pro rata share of the Settlement Fund, which will be based on the total amount of processing fees you paid, you must submit a timely and complete Claim Form no later than June 23, 2025. You can file a claim by clicking here. Your payment will be by PayPal, Venmo, Zelle, or check, at your election. Claim Forms must be submitted online by 11:59 p.m. EST on June 23, 2025, or postmarked and mailed by June 23, 2025. You can contact Class Counsel at 1-646-837-7150 to inquire as to the number of claims and/or requests for exclusion that have been received to date.

The hearing to consider the fairness of the Settlement is scheduled for July 2, 2025, at 11:00 a.m. EST. If the Court approves the Settlement, eligible Settlement Class Members whose claims were approved by the Settlement Administrator will receive their payment within 90 calendar days of entry of Final Judgment. The payment will be made in the form of a check, unless you elect to receive payment by PayPal, Zelle, or Venmo, and all checks will expire and become void 180 days after they are issued.

If you are a Settlement Class Member and you want to get a payment, you must complete and submit a Claim Form by June 23, 2025. Once Notice is sent out via email in early May 2025, Claim Forms may be filed through this website and will also be available for download here. Failure to submit a timely claim by the Claims Deadline will prevent you from receiving a settlement payment from the Settlement Fund.

We also encourage you to submit your claim online. Not only is it easier and more secure, but it is completely free and takes only minutes!

If the Settlement becomes final, you will give up your right to sue Defendant and other Released Parties for the claims being resolved by this Settlement. The specific claims you are giving up against Defendant are described in the Settlement Agreement. You will be “releasing” Defendant and its affiliates, employees, and representatives as described in Section 1.32 of the Settlement Agreement. Unless you exclude yourself (see FAQ 13), you are “releasing” the claims, regardless of whether you claim your electronic payment or not. You may review the Settlement Agreement here.

The Settlement Agreement describes the released claims with specific descriptions, so read it carefully. If you have any questions you can talk to the lawyers listed in FAQ 11 for free or you can, of course, talk to your own lawyer if you have questions about what this means.

The Court has appointed Philip L. Fraietta and Stefan Bogdanovich of Bursor & Fisher, P.A. to be the attorneys representing the Settlement Class. They are called “Class Counsel.” They believe, after conducting an extensive investigation, that the Settlement Agreement is fair, reasonable, and in the best interests of the Settlement Class. You will not be charged for these lawyers. If you want to be represented by your own lawyer in this case, you may hire one at your expense.

Defendant has agreed that Class Counsel’s attorneys’ fees and costs may be paid out of the Settlement Fund in an amount to be determined by the Court. The fee petition will seek no more than one-third of the Settlement Fund, inclusive of reimbursement of their costs and expenses; the Court may award less than this amount. Under the Settlement Agreement, any amount awarded to Class Counsel will be paid out of the Settlement Fund.

Subject to approval by the Court, Defendant has agreed that the Class Representative may be paid a Service Award of $5,000 from the Settlement Fund for his services in helping to bring and resolve this case.

To exclude yourself from the Settlement, you must submit a request for exclusion by 11:59 p.m. EST on June 23, 2025. Requests for exclusion may be submitted either via an online form here or by mailing or otherwise delivering a letter (or request for exclusion) stating that you want to be excluded from the Homer v. HY Attractions Manager LLC, Index No. 631543/2024 Settlement. Your letter or request for exclusion must also include your name, your address, a statement that you purchased electronic tickets to The Edge NYC from Defendant’s website (www.edgenyc.com) between February 16, 2024, and through July 6, 2024, and paid a processing fee in connection with such purchase, your signature, the name and number of this case, and a statement that you wish to be excluded. If you choose to submit a request for exclusion by mail, you must mail or deliver your exclusion request, postmarked no later than June 23, 2025, to the following address:

The Edge NYC Ticket Fee
Settlement Administrator
P.O. Box 2180
Portland, OR 97208-2180

No. Unless you exclude yourself, you give up any right to sue Defendant for the claims being resolved by this Settlement.

No. If you exclude yourself, you will not receive any payment from the Settlement Fund.

If you are a member of the Settlement Class, you can object to the Settlement if you don’t like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must file with the Court a letter or brief stating that you object to the Settlement in Homer v. HY Attractions Manager LLC, Index No. 631543/2024, and identify all your reasons for your objections (including citations and supporting evidence) and attach any materials you rely on for your objections. Your letter or brief must also include your name, your address, the basis upon which you claim to be a member of the Settlement Class, the name and contact information of any and all attorneys representing, advising, or in any way assisting you in connection with your objection, and your signature. If you, or an attorney assisting you with your objection, have ever objected to any class action settlement where you or the objecting attorney has asked for or received payment in exchange for dismissal of the objection (or any related appeal) without modification to the Settlement, you must include a statement in your objection identifying each such case by full case caption. You must also mail or deliver a copy of your letter or brief to Class Counsel and Defendant’s Counsel listed below.

Class Counsel will file with the Court and post on this website its request for attorneys’ fees by June 30, 2025.

If you want to appear and speak at the Final Approval Hearing to object to the Settlement, with or without a lawyer (explained in FAQ 20), you must say so in your letter or brief. File the objection with the Court (or mail the objection to the Court) and mail a copy of the objection to Class Counsel and Defendant’s Counsel, at the addresses below, postmarked no later than June 23, 2025.

Objecting simply means telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself from the Settlement Class is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

The Court will hold the Final Approval Hearing at 11:00 a.m. on July 2, 2025, in Courtroom 203 at the Supreme Court of the State of New York, County of Suffolk, 1 Court Street, Riverhead, NY 11901. The purpose of the hearing will be for the Court to determine whether to approve the Settlement as fair, reasonable, adequate, and in the best interests of the Settlement Class; to consider the Class Counsel’s request for attorneys’ fees and expenses; and to consider the request for a Service Award to the Class Representative. At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the Settlement.

If, however, you timely objected to the Settlement and advised the Court that you intend to appear and speak at the Final Approval Hearing, you will receive notice of any change in the date of the Final Approval Hearing.

No. Class Counsel will answer any questions the Court may have. However, you are welcome to come at your own expense. If you send an objection or comment, you don’t have to come to Court to talk about it. As long as you filed and mailed your written objection on time, the Court will consider it. You may also pay another lawyer to attend, but it’s not required.

Yes. You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must include in your letter or brief objecting to the Settlement a statement saying that it is your “Notice of Intent to Appear in Homer v. HY Attractions Manager LLC, Index No. 631543/2024.” It must include your name, address, telephone number and signature as well as the name and address of your lawyer, if one is appearing for you. Your objection and notice of intent to appear must be filed with the Court and postmarked no later than June 23, 2025, and be sent to the addresses listed in FAQ 16.

This website and the Notice summarize the Settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement here. You may also write with questions to The Edge NYC Ticket Fee Settlement Administrator, P.O. Box 2180, Portland, OR 97208-2180. You can call the Settlement Administrator at 1-888-840-5013 or Class Counsel at 1-646-837-7150, if you have any questions. Before doing so, however, please read the full Notice carefully. You may also find additional information elsewhere on this website.