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 have submitted a timely and complete Claim Form no later than 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.

As of November 10, 2025, check and digital payments have been sent out to eligible Class Members who submitted a valid claim. Check payments are valid for 180 days.

The claims deadline passed on June 23, 2025. If you did not submit a claim prior to this date, you are not eligible for an award from this Settlement.

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.

The deadline to request exclusion from this Settlement passed on June 23, 2025.

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.

The deadline to object to this Settlement passed on 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 granted final approval on September 11, 2025. As of November 10, 2025, check and digital payments have been sent out to eligible Class Members who submitted a valid claim. Check payments are valid for 180 days.

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.

The Court granted final approval on September 11, 2025. As of November 10, 2025, check and digital payments have been sent out to eligible Class Members who submitted a valid claim. Check payments are valid for 180 days.

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.