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JONES v. MEGA IMPERIAL CONSTR. CORP.

251 A.D.2d 229 (1998)

673 N.Y.S.2d 912

Curtis Jones et al., Respondents, v. Mega Imperial Construction Corp., Defendant, and International Fidelity Insurance Company, Appellant and Third-Party Plaintiff, et al., Third-Party Defendants

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

June 25, 1998

The motion court properly decided the class-certification issue in plaintiffs' favor. Plaintiffs' largely undisputed factual showing was sufficient to establish the class certification criteria of CPLR 901, including the disputed numerosity requirement (see, Friar v Vanguard Holding Corp., 78 A.D.2d 83, 96; Robidoux v Celani, 987 F.2d 931, 935). We note that, should further discovery...

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