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GONZALEZ v. D&S ZAFFUTO JOINT VENTURE

271 A.D.2d 356 (2000)

707 N.Y.S.2d 87

JORGE GONZALEZ et al., Appellants, v. D&S ZAFFUTO JOINT VENTURE et al., Respondents, et al., Defendant.

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

Decided April 25, 2000.

Plaintiffs' claim for breach of contract was properly rejected on the ground that no private right of action exists to enforce contracts requiring payment of Federal Davis-Bacon Act (40 USC § 276a et seq.) prevailing wages (Grochowski v Ajet Constr. Corp., 1999 US Dist LEXIS 13473, *10-11, 1999 WL 688450, *3-4 [SD NY, Sept. 2, 1999, 97 Civ 6269], citing, inter alia, Majstrovic v Maric Piping, 171 Misc.2d 429

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