Legal Opinion
M.G.M. Insulation, Inc. v. Gardner
New York Court of Appeals
Decided February 19, 2013PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Pigott, J.
In this CPLR article 78 proceeding, we are asked to determine whether the prevailing wage requirement of Labor Law § 220 is applicable to a construction contract entered into by the Bath Volunteer Fire Department (BVFD). We hold that because no public agency, as contemplated by the statute, is a party to the contract, the prevailing wage law does not apply.
The Bath Volunteer Fire Department is a not-for-profit fire corporation under Not-For-Profit Corporation Law § 1402. Historically, it operated from a building owned by the Village of Bath. Sometime prior to…
2Cases cited4 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
- New York Charter School Ass'n v. SmithNew York Court of Appeals · 2010
- M.G.M. Insulation, Inc. v. GardnerAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by3 opinions
- Fotopolous v. Board of Fire Commissioners of the Hicksville Fire DistrictDistrict Court, E.D. New York · 2014
- Matter of Executive Cleaning Servs. Corp. v. New York State Dept. of LaborAppellate Division of the Supreme Court of the State of New York · 2021
- People v. CorrAppellate Division of the Supreme Court of the State of New York · 2022