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COX v. NAP CONSTR. CO., INC.

10 N.Y.3d 592 (2008)

891 N.E.2d 271

861 N.Y.S.2d 238

ANTHONY COX et al., on Behalf of Themselves and All Others Similarly Situated, Respondents, v. NAP CONSTRUCTION COMPANY, INC., Appellant, and GREENWICH INSURANCE COMPANY, Respondent, et al., Defendants. (And Other Actions.) TEOFILO ARAUJO et al., Appellants, v. TIANO'S CONSTRUCTION CORP. et al., Respondents, et al., Defendants. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided June 5, 2008.

Attorney(s) appearing for the Case

Biaggi & Biaggi, New York City (Mario Biaggi, Jr., and Richard Mario Biaggi of counsel), for appellant in the first above-entitled action.

Barnes, Iaccarino, Virginia, Ambinder & Shepherd, PLLC, New York City (Dennis Cariello and Lloyd R. Ambinder of counsel), for Anthony Cox and others, respondents in the first above-entitled action.

Wolff & Samson PC, New York City (Jonathan Bondy and Andrew S. Kent of counsel), for Greenwich Insurance Company, respondent in the first above-entitled action.

Barnes, Iaccarino, Virginia, Ambinder & Shepherd, PLLC, New York City (Dennis Cariello and Lloyd R. Ambinder of counsel), for appellants in the second above-entitled action.

Mayer, Ross & Hagan, P.C., Patchogue (Robert W. Mayer of counsel), for Tiano's Construction Corp., respondent in the second above-entitled action.

Dreifuss Bonacci & Parker, LLP, Florham Park, New Jersey (Derek A. Popeil of counsel), for Lumbermens Mutual Casualty Company, respondent in the second above-entitled action.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur.

OPINION OF THE COURT

SMITH, J.

We hold that, when a contractor has promised to pay its workers the prevailing wages required by the United States Housing Act, the workers may sue under state law to enforce the promise.

I

Both of these cases involve contractors' agreements with the New York City Housing Authority (NYCHA) to do construction work on public housing projects funded by the federal government under the Housing Act (42 USC §...

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