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SHERGILL v. TWR EXPRESS, INC.

236 A.D.2d 310 (1997)

654 N.Y.S.2d 308

Gurmohan Singh Shergill et al., Respondents, v. TWR Express, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 25, 1997

The motion court properly decided the class certification question without waiting for defendant to conduct discovery as to its contested cross motion to disqualify plaintiffs' counsel. Plaintiffs can be expected to find a suitable replacement should counsel eventually be disqualified. Moreover, the class can always be decertified should it become necessary at a later date (see, Friar v Vanguard Holding Corp., 78 A.D.2d 83

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