Legal Opinion

J. E. Roze Associates, Inc. v. Department of Labor

Appellate Division of the Supreme Court of the State of New York

Decided September 27, 1988PublishedCited by 6 opinions

1Opinion of the Court

Determination unanimously confirmed and petition dismissed without costs. Memorandum: The determination of the Commissioner of Labor that petitioner Apeo willfully failed to pay its employee prevailing wages is supported by substantial evidence. A violation of Labor Law § 220 is willful when the contractor acted knowingly, intentionally or deliberately (Matter of Green Is. Constr. Co. v Roberts, 139 AD2d 907; Matter of Cam-Ful Indus. [Roberts], 128 AD2d 1006) and where it knew or should have known of the violation (Gross Plumbing & Heating Co. v Department of Labor, 133 AD2d 524; Matter of…

2Cases cited3 opinions

  1. In re Cam-Ful Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
  2. Gross Plumbing & Heating Co. v. Department of LaborAppellate Division of the Supreme Court of the State of New York · 1987
  3. Green Island Construction Co. v. RobertsAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by6 opinions

  1. Tap Electrical Contracting Service, Inc. v. HartnettNew York Court of Appeals · 1990
  2. Marangos Construction Corp. v. New York State Department of LaborAppellate Division of the Supreme Court of the State of New York · 1995
  3. TPK Construction Corp. v. HudacsAppellate Division of the Supreme Court of the State of New York · 1994
  4. Fast Teak Structures, Inc. v. HartnettAppellate Division of the Supreme Court of the State of New York · 1992
  5. Scharf Plumbing & Heating, Inc. v. HartnettAppellate Division of the Supreme Court of the State of New York · 1991

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