Ipsmiller v. City of New York

In this action, plaintiff, employed as a cable splicer in the fire department of the city of New York, seeks to recover, *628pursuant to section 220 of the Labor Law, the difference between the wages of ten dollars per day received by him and the alleged prevailing rate of wages of thirteen dollars and twenty cents in outside employment in the same occupation, covering the period from July 1, 1929, to December 31, 1929.

Under section 220 of the Labor Law, the city of New York must pay the mechanics in its employ the prevailing rate of wages. In effect, subdivision 5 thereof states that the…