Ziegler v. City of New York , 300 N.Y.S. 1152 ( 1937 )

Judgment dismissing the complaint on the merits in an action by a civil service employee to recover the difference between wages actually paid and the prevailing rate unanimously affirmed, with costs. In our opinion, it was essential for appellant, as a prerequisite to the maintenance of this action, to allege and prove compliance with chapter 563 of the Laws of 1927, and particularly with those provisions of subdivision 8 of section 220 of the Labor Law having to do with the making and filing by the comptroller of an order fixing the prevailing rate of wages. (Olsen v. Brooklyn Ash Removal Co., Inc., 242 App. Div. 776; affd., without opinion, 268 N. Y. 693; Matter of Gaston v. Taylor, 274 id. 359.) Hagarty, Johnston, Adel and Taylor, JJ., concur; Carswell, J., concurs in result.