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DE LA CRUZ v. CADDELL CO, INC

26220/02, 4804

95 A.D.3d 297 (2012)

942 N.Y.S.2d 61

2012 NY Slip Op 2785

MANUEL DE LA CRUZ et al., Appellants, v. CADDELL DRY DOCK & REPAIR CO., INC., et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 12, 2012.

Attorney(s) appearing for the Case

Virginia & Ambinder, LLP, New York City ( James Emmet Murphy , Lloyd R. Ambinder and Marc A. Tenenbaum of counsel), for appellants.

Blank Rome LLP, New York City ( Richard V. Singleton II and Anthony A. Mingione of counsel), and Frank & Associates, P.C., Farmingdale ( Peter A. Romero of counsel), for respondents.

ANDRIAS, J.P., SAXE, ABDUS-SALAAM and MANZANET-DANIELS, JJ., concur.

OPINION OF THE COURT

CATTERSON, J.

In this action arising out of the plaintiffs' claim that they were not paid the required prevailing wage and supplemental benefits under Labor Law § 220, we are constrained by the decision of the Court of Appeals in Brukhman v Giuliani (94 N.Y.2d 387 [2000]) to find that the repair of City vessels is not a "public work" within the meaning of the statute. The plaintiffs' claim...

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