Morse v. Delaney

The plaintiff has brought an action to restrain the award and execution of certain subway contracts in the city of New York covering the construction work on West Fifty-third street from Eighth avenue to Second avenue, and has also made a motion for an injunction pendente lite. Defendants in turn have moved to dismiss the complaint on the ground of insufficiency. The basis of plaintiff’s grievance is that the contracts provide for the payment of “ the prevailing rate of wages,” a clause inserted pursuant to section 220 of the Labor Law of 1921; that the law is unconstitutional by reason of…