OVADIA v. OFFICE OF INDUS. BD

No. 72.

19 N.Y.3d 138 (2012)

946 N.Y.S.2d 86

2012 NY Slip Op 3358

In the Matter of EYAL OVADIA et al., Appellants, v. OFFICE OF THE INDUSTRIAL BOARD OF APPEALS et al., Respondents.

Court of Appeals of New York.

Decided May 1, 2012.


Attorney(s) appearing for the Case

D'Agostino, Levine, Landesman & Lederman, LLP, New York City ( Bruce H. Lederman of counsel), for appellants.

Eric T. Schneiderman , Attorney General, New York City ( Richard Dearing , Barbara D. Underwood and Leslie B. Dubeck of counsel), for respondents.

National Employment Law Project, New York City ( Sarah Leberstein and Catherine K. Ruckelshaus of counsel), for Mason Tenders' District Council of Greater New York and Long Island, amicus curiae.

Chief Judge LIPPMAN and Judges CIPARICK, READ, SMITH, PIGOTT and JONES concur.


OPINION OF THE COURT

GRAFFEO, J.

The sole issue on this appeal is whether a general contractor acted as a joint employer of masonry workers, who were employed by one of its subcontractors, thereby owing unpaid wages to the subcontractor's workforce.

In 2006, a real estate developer hired HOD Construction Corp. (HOD) to act as general contractor for the construction of two multifamily residences in...

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