Gottlieb Contracting, Inc. v. Goldin
Opinion of the Court
Judgment, Supreme Court, New York County, entered February 5, 1975, unanimously modified, on the law, and in the exercise of discretion and the interest of justice, to the extent hereinafter set forth, and otherwise affirmed, without costs and without disbursements. Petitioner, successful bidder on three board of education construction contracts, had certain payments withheld, following vouchering by the comptroller of a great part of what was due, because of alleged Labor Law violations and mechanics’ liens filed with the Finance Administration of the City of New York. After hearing, the comptroller directed that some $21,000 of the payments allegedly due he withheld because the subcontractor on electrical work had not paid prevailing wages and had overemployed apprentices in proportion to journeymen. In June, 1974, petitioner commenced an article 78 proceeding challenging the comptroller’s orders, and, on cross motion to dismiss, the petition was held viable. Thereafter, petitioner and another subcontractor initiated an entirely separate proceeding pursuant to article 78 CPLR to annul the withholding order, to direct payment over of sums above the disputed amounts, and to enjoin any declaration of Labor Law violation. The purpose of the later proceeding was obviously to release the money held up by the dispute to which the first proceeding had been addressed. The Special Term denied, essentially, the relief requested, but attempted to bring some order out of the rather chaotic situation by means of the disposition here reviewed. Inter alia, it directed discontinuance of the earlier proceeding without costs; it directed the bonding of all liens but continued retention of the same amount, some $21,000, theretofore ordered withheld by the comp
Case-law data current through December 31, 2025. Source: CourtListener bulk data.