Cox v. NAP Construction Co.

OPINION OF THE COURT

Herman Cahn, J.

Defendants and third-party defendants, NAP Construction Company, Inc., Anthony Panagio and Sheryl Panagio, move to dismiss all of plaintiffs’ claims for failure to state a cause of action (CPLR 3211 [a] [7]). Defendants St. Paul Mercury Insurance Company and Greenwich Insurance Company submit briefs in support of the motion to dismiss.

Background

This action arises out of defendant NAP’s alleged failure to pay the prevailing wage rates and supplemental benefits and overtime to the named plaintiffs, and other members of the certified class, for labor they…