LaCarruba v. Legislature of County of Suffolk

The Supreme Court properly denied the plaintiffs’ motion to certify the action as a class action because the plaintiffs failed to demonstrate that there existed questions of law or fact common to the class or that the claims of the representative parties were typical of the claims of the class (see, CPLR 901 [a] [2], [3]). Unlike the plaintiffs, the majority of the proposed class did not pay the disputed fee under protest. Therefore, only those members of the proposed class who paid the disputed fee under protest would be entitled to an automatic refund while the other members may only…