Matter of Malcolm v. Stringer

Appellate Division of the Supreme Court of New York

Matter of Malcolm v. Stringer

127 A.D.3d 627, 5 N.Y.S.3d 874

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 28, 2015

Docket14947N

StatusPublished

This text of 127 A.D.3d 627 (Matter of Malcolm v. Stringer) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Matter of Malcolm v. Stringer, 127 A.D.3d 627, 5 N.Y.S.3d 874 (N.Y. Ct. App. 2015).

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Opinion

In this proceeding brought pursuant to CPLR article 78, the petition challenging a release issued by the Office of the Comptroller of the City of New York in connection with its final determination, dated July 10, 2014, that, among other things, respondent Allied-Barton Security Services LLC underpaid 143 of its employees prevailing wages in the total amount of $1,238,976.39 for the time period October 2010 through March 2013, unanimously granted to the extent of declaring that the release does not waive the right to pursue breach of contract *628 claims for underpaid prevailing wages under contract No. 06H9503 prior to October 2010, and otherwise denied, without costs.

The ambiguous release has the meaning given to it by its drafter, the Comptroller (see Matter of Chesterfield Assoc. v New York State Dept. of Labor, 4 NY3d 597, 604 [2005] [agency’s determination and interpretation is entitled to deference]), and discharges any claims for the underpayment of prevailing wages concerning contract No. 06H9503 with respect to the October 2010 through March 2013 time period. Accordingly, petitioner is not barred from pursuing breach of contract claims against Allied for the period prior to October 2010.

Concur — Gonzalez, P.J., Mazzarelli, Renwick and Gische, JJ.

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In this proceeding brought pursuant to CPLR article 78, the petition challenging a release issued by the Office of the Comptroller of the City of New York in connection with its final determination, dated July 10, 2014, that, among other things, respondent Allied-Barton Security Services LLC underpaid 143 of its employees prevailing wages in the total amount of $1,238,976.39 for the time period October 2010 through March 2013, unanimously granted to the extent of declaring that the release does not waive the right to pursue breach of contract *628 claims for underpaid prevailing wages under contract No. 06H9503 prior to October 2010, and otherwise denied, without costs.

The ambiguous release has the meaning given to it by its drafter, the Comptroller (see Matter of Chesterfield Assoc. v New York State Dept. of Labor, 4 NY3d 597, 604 [2005] [agency’s determination and interpretation is entitled to deference]), and discharges any claims for the underpayment of prevailing wages concerning contract No. 06H9503 with respect to the October 2010 through March 2013 time period. Accordingly, petitioner is not barred from pursuing breach of contract claims against Allied for the period prior to October 2010.

Concur — Gonzalez, P.J., Mazzarelli, Renwick and Gische, JJ.

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Bluebook (online)

127 A.D.3d 627, 5 N.Y.S.3d 874, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-malcolm-v-stringer-nyappdiv-2015.

Opinion

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