In Globe Surgical Supply v. GEICO, 59 AD3d 129, 871 N.Y.S.2d 263 [2d Dept 2008] the Appellate Division determined that Globe's owner, Jean Francois, was not an adequate class representative because he had been charged with insurance fraud for attempting to stage accidents (Id at 144). The court also noted that Francois had engaged in "recycling invoices," or submitting the same documents for different durable medical claims. Finally, the court noted that GEICO had served a class action counterclaim against Francois, and defending the counterclaim was likely to detract from the adequacy of his class representation.