Wysocki v. Kel-Tech Construction Inc.

Order, Supreme Court, New York County (Jane S. Solomon, J.), entered April 19, 2005, which, insofar as appealed from, denied defendants-appellants’ contractors’ motion for summary judgment dismissing plaintiff construction workers’ causes of action for breach of contract, unanimously affirmed, without costs.

Assuming, as plaintiffs allege, that the public works contracts at issue, which none of the parties submitted to the motion court, incorporate the requirements of Labor Law § 220 and a schedule of prevailing wages, plaintiffs’ common-law breach of contract causes of action, asserting…