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NY IND CONTRS ALLIANCE v. LIU

111918/2011

43 Misc.3d 443 (2013)

981 N.Y.S.2d 246

2013 NY Slip Op 23462

In the Matter of NEW YORK INDEPENDENT CONTRACTORS ALLIANCE, on Behalf of its EMPLOYER MEMBERS, et al., Petitioners, v. JOHN C. Liu, JR., as Comptroller of the City of New York, et al., Respondents.

Supreme Court, New York County.

Decided July 18, 2013.

Attorney(s) appearing for the Case

Michael A. Cardozo , Corporation Counsel, New York City ( Jane E. Andersen of counsel), for John C. Liu, Jr., respondent.

Gorlick, Kravitz & Listhaus P.C., New York City ( Isaac Glovinsky and Barbara S. Mehlsack of counsel), for Highway and Street Laborers Local Union 1010 and another, respondents.

Robinson Brog Leinwand Greene Genovese & Gluck P.C., New York City ( John D. D'Ercole and Alan M. Pollack of counsel), for petitioners.

OPINION OF THE COURT

LUCY BILLINGS, J.

Respondent Comptroller of the City of New York and two respondent labor unions have moved to dismiss these two proceedings that challenge the prevailing wage schedules the Comptroller set for roadbuilders and pavers employed in public works projects in the City during fiscal years 2011 and 2012. Since the second, more recent petition incorporates the petition and supporting affidavits and exhibits in the first proceeding...

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