McKibbin v. City of New York

Plaintiff, a cement mason, having brought a “ prevailing rate of wages ” action against .the City, seeks summary judgment. Defendant City cross-moves for judgment or partial judgment in its favor pursuant to rules 112, 113 and 114 of the Buies of Civil Practice.

The facts revealed by the motion papers show that on or about December 9, 1937, in a proceeding initiated by a cement mason (not this plaintiff) pursuant to the provisions of the Labor Law, the Comptroller conducted hearings and took the necessary steps to ascertain the “ prevailing rate of wages ” applicable *673to this class of municipal…