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WYSOCKI v. KEL-TECH CONSTRUCTION INC.

33 A.D.3d 375 (2006)

822 N.Y.S.2d 252

JANUSZ WYSOCKI et al., Appellants, v. KEL-TECH CONSTRUCTION INC. et al., Respondents, et al., Defendants. (And a Third-Party Action.)

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

Decided October 5, 2006.

Subclass certification was properly denied as to certain of the projects for failure to show either that defendant Kel-Tech performed any work thereon, or that the named plaintiffs performed any work thereon, or that an agreement exists requiring Kel-Tech to pay prevailing wages (CPLR 901 [a] [2], [3]). The motion to amend the complaint was properly denied for failure to show that the individuals in question would fairly and adequately...

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