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Fleming v. Barnwell Nursing Home and Health Facilities10/30/2003
of over 200 is so numerous as to render joinder of all individuals impracticable (see CPLR 901 ). The predominance requirement may be satisfied even if not all class members were subjected to all the improper conduct (see Weinberg v Hertz Corp., 116 AD2d 1, 6-7 , affd 69 NY2d 979 ). Here, questions regarding defendant's violation of DOH rules affecting residents predominate (see CPLR 901 ). Plaintiff's specific claims that his decedent received inadequate heat and inedible food are typical of class claims (see CPLR 901 ), plaintiff can fairly represent the class (see CPLR 901 ), and a class action appears to be the superior method of adjudicating this claim (see CPLR 901 ).
Once all CPLR 901 prerequisites are satisfied, the court must then consider factors listed in CPLR 902 (see Evans v City of Johnstown, supra at 3). Presumably, aged and infirm nursing home residents are not interested in individually controlling the prosecution of the action (see CPLR 902 ), prosecuting separate actions would be inefficient and impractical (see CPLR 902 ; Public Health Law § 2801-d [providing a common formula to ascertain damages to individual class members]), no other litigation concerning this controversy is currently in progress (see CPLR 902 ), it is desirable to concentrate the litigation in the county where the facility is located (see CPLR 902 ), and there are no apparent difficulties in managing this class (see CPLR 902 ). As CPLR 901 and 902 are satisfied, (*4)plaintiff's Public Health Law § 2801-d claim should be certified as a class action.
Cardona, P.J., Mercure, Carpinello and Rose, JJ., concur.
ORDERED that the order is modified, on the law and the facts, without costs, by reversing so much thereof as denied class certification of plaintiff's Public Health Law § 2801-d claim; grant said class certification; and, as so modified, affirmed.
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