Montgomery-Costa v. City of New York

OPINION OF THE COURT

Cabol Robinson Edmead, J.

This case represents yet another attempt by a public employer to reduce its budget gap in a struggling economy by laying off permanent workers and replacing them with less costly labor through private contracting. The replacement of employees with contractors, i.e., privatization, appears to be a growing trend, leading to litigation challenging governmental authorities’ ability to meet their budgets while maintaining their existing work force.1

This “hybrid” CPLR article 78 proceeding and plenary action for declaratory judgment, is brought by…