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Mayor of City of New York v. Council of City of New York

Sup Ct, New York County

August 2, 2013

THE MAYOR OF THE CITY OF NEW YORK, Plaintiff-Petitioner(s),
v.
THE COUNCIL OF THE CITY OF NEW YORK, Defendant- Respondent(s), and HECTOR FIGUEROA, As President Of Service Employees International, Union Local 32BJ and STUART APPELBAUM, As President Of Retail, Wholesale Department Store Union, Intervenors-Defendants. Index no. 451369/12

Unpublished Opinion

DECISION/ORDER

GEOFFREY D. WRIGHT JUDGE Acting Justice of the Supreme Court

Recitation, as required by CPLR 2219(a), of the papers considered in the review of this Motion to: grant summary judgment to the Plaintiff, cross-motion to dismiss claims 1, 2, 3, 4 and 9 of the complaint

PAPERS NUMBERED

Notice of Petition/Motion, Affidavits & Exhibits Annexed 1
Order to Show Cause, Affidavits & Exhibits
Answering Affidavits & Exhibits Annex 3
Replying Affidavits & Exhibits Annexed 4
Other (Cross-motion) & Exhibits Annexed 2
Supporting Affirmation

Upon the foregoing cited papers, the Decision/Order on this Motion is as follows:

Plaintiff, the Mayor of the City of New York ("Mayor") moves for summary judgment pursuant to CPLR 3212, against the Council of the City of New York ("Council") seeking a declaration that Local Law 27 for the Year 2012 ("Prevailing Wage Law" or the "Law") is invalid. Council and Intervenor Hector Figueroa, as President of Service Employees International Union, Local 32BJ, and Stuart Appelbaum, as President of Retail, Wholesale, Department Store Union, ("Interveners") cross-move for summary judgment on several of the Mayor's causes of action. For the reasons discussed below, the Mayor's motion for summary judgment is granted and the cross-motion by the Council and the Intervenors is denied.

BACKGROUND

The Prevailing Wage Law requires that a prevailing wage (calculated annually by the Comptroller), rather than New York State's minimum wage, be paid to three categories of workers: First, the Law covers building service workers employed by entities that receive one million dollars or more per year in discretionary economic development aid from the City or a City economic development entity as defined by the law. Second, the Law covers employees of successors, contractors, or subcontractors of entities that receive one million dollars or more per year in City economic development aid. Finally, for the third area of coverage, the Law's City Lease Provision states that any person or entity entering into a lease with a "contracting agency" must, among other things, "ensure that all building service employees (BSEs) performing building service work at the premises to which a lease pertains are paid no less than the prevailing wage. A "contracting agency, " is defined as "a city, county, borough, or other office, institution, or agency of government, the expenses of which are paid in whole or in part from the city treasury." "Lease" is defined under the Law to ...


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