Stabile v Dragonetti Bros. Landscaping Nursery & Florist, Inc.

Holding The Supreme Court properly granted class certification because the worker affirmations sufficiently demonstrated that common questions of law and fact predominated regarding the systematic failure to pay prevailing wages. The court held that individualized determinations of whether specific landscaping tasks constituted construction-like labor do not defeat commonality at the certification stage.

The court’s words

The worker affirmations submitted in support of the motion sufficiently demonstrated that common questions of law and fact predominated.

2026 NY Slip Op 06078, at the official text

Defendants' contention that landscaping work requires individualized, worker-specific determinations as to whether the work involved construction-like labor does not defeat commonality at the class-certification stage.

2026 NY Slip Op 06078, at the official text

The worker affidavits in this action identified around 40 relevant coworkers, far exceeding the number that the legislature contemplated as sufficient for a class action.

2026 NY Slip Op 06078, at the official text