ISUFI v. PROMETAL CONSTR., INC.

653265/12. 6652. 6651.

161 A.D.3d 623 (2018)

2018 NY Slip Op 03743

Erjon Isufi et al., Respondents, v. Prometal Construction, Inc., Appellant, et al., Defendant.

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

Decided May 24, 2018.


This action to recover for underpayment of prevailing wages required by the Federal Housing Act for a public works contract is not barred by collateral estoppel based on a prior determination by New York City Housing Authority (NYCHA) on this issue (see Cox v NAP Constr. Co., Inc., 10 N.Y.3d 592 [2008]).

Plaintiffs were not parties to the administrative proceeding before NYCHA, they did not have any right to participate in...

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