From Casetext: Smarter Legal Research

Cotrone v. Consolidated

Appellate Division of the Supreme Court of New York, First Department
Apr 8, 2008
50 A.D.3d 354 (N.Y. App. Div. 2008)

Summary

finding the allegation that two unattended tanker trucks containing hazardous materials created a substantial and specific danger to public health and safety was "based on mere speculation" where the "incident led to no adverse consequences"

Summary of this case from Semeraro v. Woodner Co.

Opinion

No. 3304.

April 8, 2008.

Order, Supreme Court, New York County (Harold B. Beeler, J.), entered October 2, 2006, which, after a nonjury trial, rendered a verdict in defendant's favor and dismissed the complaint, unanimously affirmed, without costs.

Lewis, Clifton Nikolaidis, P.C., New York (Elaine Smith of counsel), for appellant.

Mary Schuette, New York (Richard A. Levin of counsel), for respondent.

Before: Tom, J.P., Saxe, Nardelli and Williams, JJ.


It cannot be said that the verdict could not have been reached under any fair interpretation of the evidence (see Claridge Gardens v Menotti, 160 AD2d 544). The provisions of Labor Law § 740 regarding retaliatory discharge are to be strictly construed ( see Noble v 93 Univ. Place Corp., 303 F Supp 2d 365, 373 [SD NY 2003]). Although leaving tanker trucks with hazardous materials unattended on a public street violated 49 CFR 397.5, this violation did not create a substantial and specific danger to the public health or safety. The claim that the violation would present such a risk was improperly based on mere speculation ( see Nadkarni v North Shore-Long Is. Jewish Health Sys., 21 AD3d 354). The statute "envisions a certain quantum of dangerous activity before its remedies are implicated" ( Peace v KRNH, Inc., 12 AD3d 914, 915, lv denied 4 NY3d 705). Plaintiff pointed to two isolated incidents where these trucks had been left unattended for a short period of time, in the presence of other employees who concededly did not have tanker truck driver training. Aside from the fact that these incidents led to no adverse consequence, they did not rise to the level of dangerous activity.


Summaries of

Cotrone v. Consolidated

Appellate Division of the Supreme Court of New York, First Department
Apr 8, 2008
50 A.D.3d 354 (N.Y. App. Div. 2008)

finding the allegation that two unattended tanker trucks containing hazardous materials created a substantial and specific danger to public health and safety was "based on mere speculation" where the "incident led to no adverse consequences"

Summary of this case from Semeraro v. Woodner Co.
Case details for

Cotrone v. Consolidated

Case Details

Full title:MICHAEL COTRONE, Appellant, v. CONSOLIDATED EDISON COMPANY OF NEW YORK…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 8, 2008

Citations

50 A.D.3d 354 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 3099
856 N.Y.S.2d 48

Citing Cases

Villarin v. Rabbi Haskel Lookstein Sch.

. Further, the statute “envisions a certain quantum of dangerous activity before its remedies are implicated”…

Knighton v. Municipal Credit Union

The statute "was enacted to encourage workers to report health or safety hazards to supervisors and then, if…