Legal Opinion

Elmira Structures, Inc. v. Hartnett

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

Decided April 14, 1989PublishedCited by 2 opinions

1Opinion of the Court

— Determination unanimously confirmed and petition dismissed without costs. Memorandum: The determination of the Commissioner of Labor that petitioner willfully failed to pay 14 employees the prevailing wage, resulting in an underpayment of $2,397.07, is supported by substantial evidence. Petitioner, an experienced contractor, knew or should have known that these employees were performing carpentry or ironwork, yet it improperly classified and paid them lower wages as laborers (see, Matter of Frey & Campbell v Hartnett, 139 AD2d 928; Gross Plumbing & Heating Co. v New York State Dept. of…

2Cases cited6 opinions

  1. In re Cam-Ful Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
  2. Gross Plumbing & Heating Co. v. Department of LaborAppellate Division of the Supreme Court of the State of New York · 1987
  3. Hull-Hazard, Inc. v. RobertsAppellate Division of the Supreme Court of the State of New York · 1988
  4. Nelson's Lamp Lighters, Inc. v. RobertsAppellate Division of the Supreme Court of the State of New York · 1988
  5. Fra-Dee Construction Inc. v. RobertsAppellate Division of the Supreme Court of the State of New York · 1987

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. TPK Construction Corp. v. HudacsAppellate Division of the Supreme Court of the State of New York · 1994
  2. Fast Teak Structures, Inc. v. HartnettAppellate Division of the Supreme Court of the State of New York · 1992

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