40 . See Landry v. Price Waterhouse Chartered Accountants, 123 F.R.D. 474, 476 (S.D.N.Y.1989). 41 . Caridad v. Metro-North Commuter R.R., 191 F.3d 283, 291 (2d Cir.1999) (alterations in original) (quoting General Tel. Co. v. Falcon, 457 U.S. 147, 157 n. 13, 102 S.Ct. 2364, 72 L.Ed.2d 740 (1982)). 42 . Fed.R.Civ.P. 23(a)(4). See also Banyai v. Ma-zur, 205 F.R.D. 160, 164 (S.D.N.Y.2002). 43 . See Baffa, 222 F.3d at 60. An antagonistic interest arises when there is a "fundamental conflict or inconsistency between the claims of the proposed class members" that is "so palpable as to outweigh the substantial interest of every class member in proceeding with the litigation.” In re NASDAQ Market-Makers Antitrust Litig., 169 F.R.D. 493, 514-15 (S.D.N.Y.1996). See also Robinson, 267 F.3d at 170 (<HOLDING>). 44 . In re AM Int’l, Inc. Sec. Litig., 108
holding that the state as well as the defendant has a right to rely on compliance with rule 16 holding that current text of  1396aa10b requires comparability between groups of the categorically needy as well as between individuals within the same group holding that the equal rights amendment requires that wife as well as husband be permitted to recover for loss of consortium holding that rule 23a4 requires absence of conflict between named representatives and class as well as vigorous prosecution holding that it is within the power of the legislature to determine that the community should be beautiful as well as healthy spacious as well as clean wellbalanced as well as carefully patrolled