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PEREZ v. MASONRY SERVS., INC.

Index No. 101355/12. Appeal No. 12586. Case No. 2019-03681.

189 A.D.3d 703 (2020)

140 N.Y.S.3d 8

2020 NY Slip Op 08012

Adrian Perez et al., Respondents, v. Masonry Services, Inc., et al., Respondents-Appellants, and Lettire Construction Corp., Appellant-Respondent, et al., Defendants.

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

Decided December 29, 2020.

Attorney(s) appearing for the Case

The Law Offices of Martin I. Gold, New York ( Martin I. Gold of counsel), for appellant-respondent.

Coburn & Greenbaum, PLLC, New York ( Jonathan W. Greenbaum of counsel), for Masonry Services, Inc., and James S. Herrera, respondents-appellants.

Richman Law Firm PLLC, New York ( Scott Richman of counsel), for Manuel J. Herrera, respondent-appellant.

Virginia & Ambinder, LLP, New York ( Jack Newhouse of counsel), for respondents.

Concur— Friedman, J.P., Kapnick, Webber, Kern, Singh, JJ.

Plaintiffs brought this action against MSI, Manuel, James, Lettire, and others, including Valley Stream Construction Corp., alleging, as third-party beneficiaries, breach of contract to pay "prevailing wages," as required by the Davis-Bacon Act (40 USC § 3142 et seq.), for work on a construction project that received federal financing. Lettire, the general contractor, cross-claimed against Valley Stream, the masonry subcontractor, for breach of contract. Shortly...

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