Appellate Division of the Supreme Court of the State of New York January 18, 2001 (Laborers' International Union of North America, Local No. 17 v. New York State Department of Transportation)

OPINION OF THE COURT

Mercure, J.

Respondent is the owner of Stewart Airport in Orange County. On March 26, 1998, respondent and Cargex Newburgh Limited Partnership, the “construction arm of Federal Express” (hereinafter FedEx), entered into a ground lease (hereinafter the lease) for construction of an approximately 125,443-square-foot building with associated vehicle parking, truck docking and