Opinion by Judge Pigott. Judges Graffeo, Read and Smith concur. Chief Judge Lippman dissents and votes to affirm in an opinion. Judge Rivera took no part. Anthony J. Adams, Jr., for appellants. Zainab A. Chaudhry, for respondent. Associated General Contractors of New York State, LLC; Empire State Chapter of the Associated Builders and Contractors, Inc.; Firemen's Association of the State of New York; New York State Council of the National Electrical Contractors Association Chapters, amici curiae.