E. Williamson Roofing & Sheet Metal Co. v. Town of Parish

We agree that the complaint fails to state a valid cause of action for breach of contract (see, Brang Co. v State Univ. Constr. Fund, 47 AD2d 178). We cannot subscribe, however, to the majority view that the first cause of action, when liberally and fairly construed (see, Guggenheimer v Ginzburg, 43 NY2d 268, 275), does not state a cause of action in negligence for the town’s failure to comply with section 220 (3-a) (a) of the Labor Law. That section required the town to determine the classification of workers that would be employed on the contract to repair the town’s highway garage. The…