Court of Appeals of New York

In an article 78 proceeding in which employees of a masonry subcontractor sued the general contractor for unpaid wages after the subcontractor quit the job and the general contractor allegedly promised to pay for an additional six days' work, an order directing the general contractor to pay past-due wages covering the entire three-month period of work is reversed and the matter remitted, where the Office of the Industrial Board of Appeals erred in finding that the general contractor acted as a joint employer, and it was necessary for the Board to determine whether the general contractor made an enforceable promise to pay the workers for their continued work following the subcontractor's disappearance and whether the workers relied on that promise by continuing to work at the construction site for the following six days.

Appellate Information

• Decided 05/01/2012
• Published 05/01/2012

Judges

• Graffeo

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
• Bruce H. Lederman, Richard Dearing