TRUSTEES OF THE PAVERS & RD. BLDRS. DIST. COUNCIL WELFARE, PENSION, ANNUITY & APPRENTICESHIP, SKILL IMPROVEMENT & SAFETY FUNDS v. ARCH INS. CO.

155729/16, 155731/16, 9129, 9130.

171 A.D.3d 661 (2019)

99 N.Y.S.3d 281

2019 NY Slip Op 03283

Trustees of the Pavers and Road Builders District Council Welfare, Pension, Annuity and Apprenticeship, Skill Improvement and Safety Funds, Respondents, v. Arch Insurance Company, Appellant. Trustees of the New York City District Council of the Carpenters Pension Fund et al., Respondents, v. Arch Insurance Company, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 30, 2019.


Plaintiffs seek, pursuant to Labor Law § 220-g, to recover unpaid wages and benefit contributions for work performed by their members on the "Gouverneur Project" under a labor and materials payment bond issued by defendant insurer. The statute provides that such an action may be brought without notice within one year of the date of the last alleged underpayment. The date of the last alleged underpayment was March 2014. On June 17, 2014, the bankruptcy court overseeing...

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