HERMAN v. JUDLAU CONTR., INC.

Index No. 652249/17. Appeal No. 15723. Case No. 2021-03871.

204 A.D.3d 496 (2022)

164 N.Y.S.3d 455

2022 NY Slip Op 02493

Rachel Herman et al., Respondents, v. Judlau Contracting, Inc., Appellant.

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

Decided April 14, 2022.


Attorney(s) appearing for the Case

Troutman Pepper Hamilton Sanders LLP, New York ( Matthew R. Cali , of counsel) for appellant.

Pelton Graham LLC, New York ( Taylor B. Graham , of counsel) for respondents.

Concur—Acosta, P.J., Kern, González, Shulman, JJ.


Under Labor Law § 220, the New York City Comptroller is charged with setting prevailing wage schedules and trade classifications on public works projects within the City of New York (Labor Law § 220[3][c]; [5][e]). The Comptroller's prior interpretations of what specific types of flagger duties were entitled to prevailing wages under Labor Law § 220 were neither irrational nor unreasonable, and we therefore defer to those interpretations (see Matter of Lantry...

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