Legal Opinion
De La Cruz v. Caddell Dry Dock & Repair Co.
Appellate Division of the Supreme Court of the State of New York
Decided April 12, 2012PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Catterson, J.
In this action arising out of the plaintiffs’ claim that they were not paid the required prevailing wage and supplemental benefits under Labor Law § 220, we are constrained by the decision of the Court of Appeals in Brukhman v Giuliani (94 NY2d 387 [2000]) to find that the repair of City vessels is not a “public work” within the meaning of the statute. The plaintiffs’ claim fails on the ground that Brukhman mandates a showing of more than just public purpose or function to determine that a project is a “public work.”
The undisputed facts of this case are as…
2Cases cited20 opinions
- Erie County Industrial Development Agency v. RobertsAppellate Division of the Supreme Court of the State of New York · 1983
- Erie County Industrial Development Agency v. RobertsNew York Court of Appeals · 1984
- Golden v. JosephNew York Court of Appeals · 1954
- 60 Market Street Associates v. HartnettAppellate Division of the Supreme Court of the State of New York · 1990
- Twin State CCS Corp. v. RobertsNew York Court of Appeals · 1988
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3Cited by1 opinion
- De La Cruz v. Caddell Dry Dock & Repair Co.New York Court of Appeals · 2013