Appellate Division of the Supreme Court of the State of New York April 12, 2012 (De La Cruz v. Caddell Dry Dock & Repair Co.)

OPINION OF THE COURT

Catterson, J.

In this action arising out of the plaintiffs’ claim that they were not paid the required prevailing wage and supplemental benefits under Labor Law § 220, we are constrained by the decision of the Court of Appeals in Brukhman v Giuliani (94 NY2d 387 [2000]) to find that the repair of City vessels is not a “public work” within the meaning of the statute.