GIOVANNIELLO v. HISPANIC MEDIA GROUP USA, INC

Ordered that the order is modified, on the law, by deleting the provision thereof transferring the action to the Nassau County District Court; as so modified, the order is affirmed insofar as appealed from, with costs payable to the defendant.

For the reasons set forth in Rudgayzer Gratt v. Cape Canaveral Tour Travel, Inc. ( 22 AD3d 148 [decided herewith]), a class action may not be maintained in this case ( see CPLR 901 [b]).

Nevertheless, because the equitable relief sought by the plaintiff in his individual capacity is not within the limited jurisdiction of the Nassau County District Court ( see Uniform District Court Act §§ 202, 209 [b]; CPLR 325 [d]; Palmieri v. C.J. Meat Ctr., 2 Misc 3d 127[A], 2003 NY Slip Op 51683[U]), the action should not have been transferred to that court. [ See 4 Misc 3d 440 (2004).]