Legal Opinion
Scharf Plumbing & Heating, Inc. v. Hartnett
Appellate Division of the Supreme Court of the State of New York
Decided July 18, 1991PublishedCited by 5 opinions
1Opinion of the CourtYesawich Jr., J.
Proceeding pursuant to CPLR article 78 (initiated in this court pursuant to Labor Law §§ 220 and 220-b) to review a determination of respondent which, inter alia, found that petitioner had willfully underpaid its employees.
Petitioner, a heating and plumbing contractor, admittedly did not pay an employee working on a public works project the prevailing wage. The Department of Labor offered to stipulate to a finding of willful underpayment, but petitioner refused and requested a hearing. At the hearing, petitioner denied that the payment violation was willful. Concluding otherwise, the Hearing…
2Cases cited7 opinions
- In re Cam-Ful Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
- Gross Plumbing & Heating Co. v. Department of LaborAppellate Division of the Supreme Court of the State of New York · 1987
- C.E.L. Lumber, Inc. v. RobertsAppellate Division of the Supreme Court of the State of New York · 1985
- L & M Co. v. New York State Department of LaborAppellate Division of the Supreme Court of the State of New York · 1990
- Rivertower Associates v. ChalfenAppellate Division of the Supreme Court of the State of New York · 1990
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3Cited by5 opinions
- Nash v. New York State Department of LaborAppellate Division of the Supreme Court of the State of New York · 2006
- Nelson's Lamp Lighters, Inc. v. HudacsAppellate Division of the Supreme Court of the State of New York · 1994
- TPK Construction Corp. v. HudacsAppellate Division of the Supreme Court of the State of New York · 1994
- D. A. Elia Construction Corp. v. StateAppellate Division of the Supreme Court of the State of New York · 1992
- Matter of Central City Roofing Co., Inc. v. MusolinoAppellate Division of the Supreme Court of the State of New York · 2016