Manuel De La Cruz et al., Appellants, v Caddell Dry Dock & Repair Co., Inc., et al., Respondents., 21 N.Y.3d 530

Summary

The employer operated six floating dry docks, where the employees repaired, refurbished, and maintained vessels for various tug and barge companies and the city. The Court of Appeals found, inter alia, that a municipal vessel was a public work if the vessel's primary objective was to benefit the general public. While a vessel would not be described as being "erected," it would be appropriate to describe it as being "situated" or "used." In addition, whether a work was public or not did not depend upon its being attached to the soil. The employees at issue worked on ferry boats, city fireboats, and municipal garbage barges, all of which served the general public. In addition, the employees were involved in construction-like labor that was paid for by public funds. Accordingly, they were entitled to prevailing wages under §§ 220 and 17. Therefore, the employer was not entitled to summary judgment on the issue of liability.