MESCIA v. CITY OF NEW YORK


107 A.D.2d 586 (1985)

Vincent A. Mescia, Respondent, v. City of New York, Appellant

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

January 8, 1985


Under section 220 of the Labor Law, plaintiff is entitled to receive the prevailing hourly wage rate, i.e., that rate paid to the majority of local private industry laborers performing similar work. As previously found by Special Term and affirmed by this court (91 A.D.2d 878), the city may not offset plaintiff's reimbursement by the amount of "supplemental" benefits already paid to him, despite the evidence that prevailing union

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