Walck Bros. AG. Service v. Suburban Pipeline Co.
Opinion of the Court
Order unanimously reversed on the law without costs, motion granted and second cause of action dismissed. Memorandum: Supreme Court erred in denying defendants’ motion for partial
We reject plaintiffs contention that a subcontractor has a private cause of action against a contractor for violation of Labor Law § 220-a (1). A private cause of action is inconsistent with the purposes of the prevailing wage requirements and “incompatible with * * * the means chosen by the Legislature to enforce article 8”, and such a cause of action would reward a subcontractor, such as plaintiff, who underpays its employees (Hoxie’s Painting Co. v Cato-Meridian Cent. School Dist., 76 NY2d 207, 212). Labor Law § 220-a (1) was added (L 1988, ch 698) to address problems confronted by contractors seeking final payment on a completed contract (see, Mem of State Dept of Labor, 1988 McKinney’s Session Laws of NY, at 2135).
Even assuming, arguendo, that such a private cause of action exists, we conclude that defendants satisfied their initial burden by establishing compliance with Labor Law § 220-a (1). Plaintiff failed to submit proof in admissible form raising a triable issue of fact with respect to defendants’ compliance (see, W.W.W. Assocs. v Giancontieri, 77 NY2d 157, 162).
In opposition to defendants’ motion, plaintiff also asserted that Suburban failed to comply with Labor Law § 220-d, which requires that “advertised specifications” contain a statement with respect to prevailing wages. Section 220-d addresses the public bidding process (see, General Municipal Law § 103 [1]), however, and “was not intended to protect independent contractors from each other in privately negotiated contracts” (Photo Lab Fabrications v Manshul Constr. Corp., 215 AD2d 254). (Appeal from Order of Supreme Court, Niagara County, Joslin, J. — Summary Judgment.) Present — Hayes, J. P., Wisner, Pigott, Jr., Scudder and Callahan, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.