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MTR. OF AGESEN v. CATHERWOOD

55 Misc.2d 744 (1968)

In the Matter of Bruce Agesen et al., and All Others Similarly Situated, Petitioners, v. Martin P. Catherwood, as Industrial Commissioner of the State of New York, Respondent, and Port of New York Authority, Intervening Respondent. (Action No. 1.) In the Matter of Michael J. Amodio et al., and All Others Similarly Situated, Petitioners, v. Martin P. Catherwood, as Industrial Commissioner of the State of New York, Respondent, and Port of New York Authority, Intervening Respondent. (Action No. 2.) In the Matter of James Austin et al., and All Others Similarly Situated, Petitioners, v. Martin P. Catherwood, as Industrial Commissioner of the State of New York, Respondent, and Port of New York Authority, Intervening Respondent. (Action No. 3.)

Supreme Court, Special Term, Kings County.

January 15, 1968

Attorney(s) appearing for the Case

Michael A. Buonora for petitioners in Action No. 1. Abrashkin & Krieger for petitioners in Action No. 2. Harold Stern for petitioners in Action No. 3. Louis J. Lefkowitz, Attorney-General (Irving L. Rollins of counsel), for respondent. Sidney Goldstein, Joseph Lesser and Susan Le Bow for intervening respondent.

NATHAN R. SOBEL, J.

The issue to be determined in these consolidated actions is whether the Port Authority is required by section 220 of the New York Labor Law to pay its "direct" employees (as distinguished from employees of contractors) the prevailing rate of wage.

Petitioners are some 700 laborers, workmen and mechanics who are "direct" employees of the Port Authority paid either hourly wages or annual...

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