United States Court of Appeals For the Second Circuit

August Term 2022

Submitted: November 29, 2022 Decided: January 2, 2024

No. 22-2061

JOSEPH KASIOTIS, individually and on behalf of all other similarly situated New York consumers,

Plaintiff-Appellee,

v.

NEW YORK BLACK CAR OPERATORS’ INJURY COMPENSATION FUND, INC.,

Defendant-Appellant. *

Appeal from the United States District Court for the Southern District of New York No. 18-cv-8057, Philip M. Halpern, Judge.

* The Clerk of Court is respectfully directed to amend the official case caption as set forth above. Before: CARNEY, SULLIVAN, and MENASHI, Circuit Judges.

This appeal involves a class action lawsuit filed by Plaintiff Joseph Kasiotis (“Kasiotis”) on behalf of himself and all similarly situated New York consumers, alleging that Defendant New York Black Car Operators’ Injury Compensation Fund, Inc. (the “Fund”) unjustly enriched itself by improperly collecting a surcharge on noncash tips paid by passengers to drivers who provided livery car – or “black car” – services from January 2000 until February 1, 2021, when the Fund eliminated the imposition of a surcharge on noncash tips. After the district court (Halpern, J.) certified the class, the parties filed cross-motions for summary judgment as to the Fund’s liability on the unjust enrichment claim, which the district court resolved in favor of Kasiotis and the class.

On appeal, certified to us by the district court under 28 U.S.C. § 1292(b), the Fund argues that the district court erred in granting summary judgment because (1) the statute establishing the Fund – Article 6-F of the New York Executive Law (“Article 6-F”) – authorizes the imposition of a surcharge on noncash tips, (2) the Fund’s interpretation of Article 6-F is entitled to deference, (3) the Fund was not unjustly enriched, and (4) the voluntary payment doctrine bars Kasiotis’s claims. We agree with the Fund that Article 6-F unambiguously authorizes it to impose a surcharge on noncash tips paid in connection with covered black car services. Accordingly, we REVERSE the order of the district court granting summary judgment in favor of Kasiotis and the class and REMAND the case with instructions to dismiss the unjust enrichment claim.

REVERSED AND REMANDED.

Richard H. Dolan, Bradley J. Nash, Seth D. Allen, Schlam Stone & Dolan LLP, New York, NY, for Defendant-Appellant.

Jeffrey I. Carton, Steven R. Schoenfeld, Amber T. Wallace, Denlea & Carton LLP, White Plains, NY, for Plaintiff-Appellee.

2 RICHARD J. SULLIVAN, Circuit Judge:

This appeal involves a class action lawsuit filed by Plaintiff Joseph Kasiotis (“Kasiotis”) on behalf of himself and all similarly situated New York consumers, alleging that Defendant New York Black Car Operators’ Injury Compensation Fund, Inc. (the “Fund”) unjustly enriched itself by improperly collecting a surcharge on noncash tips paid by passengers to drivers who provided livery car – or “black car” – services from January 2000 until February 1, 2021, when the Fund eliminated the imposition of a surcharge on noncash tips. After th