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4A GEN. CONTR. CORP. v. JAMES

Index No. 655027/20. Appeal No. 15302. Case No. 2021-01130.

202 A.D.3d 524 (2022)

164 N.Y.S.3d 73

2022 NY Slip Op 00962

4A General Contracting Corp. et al., Appellants, v. Letitia James, New York State Attorney General, et al., Respondents, et al., Defendant.

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

Decided February 15, 2022.

Attorney(s) appearing for the Case

Raymond J. Aab , New York, for appellants.

Letitia James , Attorney General, New York ( Cleland B. Welton II of counsel), for Letitia James, New York State Attorney General, respondent.

Gottesman, Wolgel, Flynn & Weinberg, P.C., New York ( Kelsey Bilodeau of counsel), for RLI Insurance Co., respondent.

Concur—Kapnick, J.P., Webber, Gesmer, Scarpulla, Shulman, JJ.

In their complaint, plaintiffs sought to recover a $1 million payment they had deposited with the Office of the Attorney General (OAG) under the terms of a plea agreement. The plea agreement resolved a criminal case in which plaintiffs were accused of failure to pay the prevailing wages required for public work projects. Furthermore, according to the OAG, plaintiffs falsified certified payroll records filed with the New York City...

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