New York Court of Appeals
Cox v. NAP Constr. Co., Inc.
June 5, 200810 N.Y.3d 592
Summary
The New York Court of Appeals held that workers on NYCHA‑funded housing projects may sue under state law for breach of contract when contractors fail to pay the prevailing wages required by the Davis‑Bacon Act, affirming the Appellate Division’s decision in Cox and modifying the Araujo decision to reinstate the breach‑of‑contract claim. The Court relied on third‑party beneficiary doctrine and found no federal preemption of the state claim.