Brian Hoxie v. Cato-Meridian School District

Brian Hoxie's Painting Company, Inc. v. Cato-Meridian Central School District, 76 N.Y.2d 207, 556N.E. 2d 1087, 557 N.Y.S.2d 280 (1990)

The appellant in this case is Brian Hoxie's Painting Company. The plaintiff was required to pay its employees approximately $6,000 in additional wages and supplements as a penalty for having failed to pay the prevailing wage under Labor Law ( 220-d. The Supreme Court dismissed the complaint, an action affirmed by the Appellate Division, stating that Labor Law ( 220-d applies to school districts and that a contractor has no cause of actions against the school district for any failure to comply with the notice requirements of the statute.

The Cato-Meridian School District solicited bids on a contract to paint the cupola cornice, and windows at the Cato-Meridian Middle School in July of 1983, and the advertising specifications for the bid failed to include a notice of the prevailing wage requirements. Brian Hoxie's Painting Company submitted a bid in the amount of $9,280, with the labor costs computed on the company regular. Since the c

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