NAWROCKI v. PROTO CONSTRUCTION & DEV. CORP.

4521, 104229/07.

82 A.D.3d 534 (2011)

919 N.Y.S.2d 11

STANISLAW NAWROCKI et al., Respondents, v. PROTO CONSTRUCTION & DEV. CORP. et al., Appellants, et al., Defendants.

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

Decided March 15, 2011.


Plaintiffs meet the requirements of CPLR 901 (a) (4) to fairly and adequately protect the interests of the class. The record reveals no conflict of interest between the class members and the class representatives. Indeed, plaintiffs seek the same relief as the class members — to receive the wages and benefits allegedly owed to them under public works contracts. The fact that plaintiffs only worked for defendants until 2004 does not preclude them from serving as the...

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