Summary
In Brewster v Baltimore Ohio R.R. Co. (167 A.D.2d 908), the Appellate Division, Fourth Department, declined to apply New York law to an accident occurring outside the State, reasoning that New York's Legislature lacks authority to regulate conduct in foreign jurisdictions.
Summary of this case from Aviles v. Port AuthOpinion
November 16, 1990
Appeal from the Supreme Court, Erie County, Flaherty, J.
Present — Dillon, P.J., Denman, Pine, Lawton and Davis, JJ.
Order unanimously affirmed without costs. Memorandum: Plaintiff brought this action seeking to recover damages for injuries sustained while working to clear a train derailment at a jobsite located in the State of Pennsylvania. Supreme Court properly dismissed plaintiff's causes of action alleging violations of sections 200, 240 (1) and 241 (6) of the New York State Labor Law. The New York State Legislature is without authority to impose standards of conduct upon contractors, owners and agents relating to a worksite located in a foreign jurisdiction (see, McKinney's Cons Laws of NY, Book 1, Statutes § 149). In view of Pennsylvania's interest in regulating conduct within its borders, "it would be almost unthinkable to seek the applicable rule in the law" of New York (Babcock v. Jackson, 12 N.Y.2d 473, 483). To the extent that our decision today conflicts with the holding in Calla v. Shulsky ( 148 A.D.2d 60), we reject the result reached in that case.
It follows that Supreme Court did not err in denying plaintiff's motion for leave to amend his complaint against defendant Witco Chemical Corp. to include causes of action under sections 240 (1) and 241 (6) of the Labor Law.
Finally, Supreme Court did not err in dismissing plaintiff's causes of action against defendants Baltimore Ohio Railroad Company and Witco Chemical Corp. insofar as they sought recovery based upon the negligence of those defendants in causing the derailment. The alleged negligence which resulted in the derailment cannot be said to have proximately caused plaintiff's injuries which were not sustained until three days after the derailment (see, Derdiarian v. Felix Contr. Corp., 51 N.Y.2d 308, 315-316, rearg denied 52 N.Y.2d 784). The improper use of a non-explosion-proof quartz light, which caused the explosion that burned plaintiff, constituted the superseding and proximate cause of plaintiff's injuries (see, Derdiarian v. Felix Contr. Corp., supra; cf., McMorrow v. Trimper, 149 A.D.2d 971, affd. for reasons stated 74 N.Y.2d 830).