Legal Opinion

Eric Lutz Construction, Inc. v. McGowan

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

Decided May 21, 2001PublishedCited by 1 opinion

1Opinion of the Court

—Proceeding pursuant to CPLR article 78 to review a de*575termination of the New York State Department of Labor dated December 27, 1999, which, after a hearing (1) found that the petitioner willfully failed to pay prevailing wages and supplements on a public works contract in violation of Labor Law § 220, (2) ordered the petitioner to pay its employees the total principal sum of $141,787.28 in wages, (3) imposed a 16% rate of interest on the underpayments of wages and supplements, (4) assessed a civil penalty of 25% of the underpayments, and (5) precluded the petitioner from performing public…

2Cases cited6 opinions

  1. 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
  2. Mid Hudson Pam Corp. v. HartnettAppellate Division of the Supreme Court of the State of New York · 1989
  3. Hy-Tech Coatings v. New York State Department of LaborAppellate Division of the Supreme Court of the State of New York · 1996
  4. L & M Co. v. New York State Department of LaborAppellate Division of the Supreme Court of the State of New York · 1991
  5. Emes Heating & Plumbing Contractors, Inc. v. McGowenAppellate Division of the Supreme Court of the State of New York · 2001

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3Cited by1 opinion

  1. Matter of Suburban Restoration Co., Inc. v. State of New York Dept. of LaborAppellate Division of the Supreme Court of the State of New York · 2025

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