Ellicott Group, LLC v. State of New York Executive Department Office of General Services
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Centra, J.
At issue in this appeal is whether defendant, State of New York Executive Department Office of General Services (OGS), had the authority to include a provision in a lease agreement requiring plaintiff to pay prevailing wages to certain workers regardless of whether the statutory requirements of the prevailing wage law applied. We conclude that OGS did not have that authority because the exercise of its executive power unlawfully impinged upon a legislative function, and we thus conclude that the judgment should be affirmed.
Prevailing Wage Law
“Our State…
2Cases cited11 opinions
- Saratoga County Chamber of Commerce, Inc. v. PatakiNew York Court of Appeals · 2003
- Boreali v. AxelrodNew York Court of Appeals · 1987
- Bourquin v. CuomoNew York Court of Appeals · 1995
- 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
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- Adirondack Health-Uihlein Living Center v. ShahAppellate Division of the Supreme Court of the State of New York · 2015
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