From Casetext: Smarter Legal Research

Quirk v. Emergency Housing Group, Inc.

Appellate Division of the Supreme Court of New York, Second Department
May 5, 2003
305 A.D.2d 390 (N.Y. App. Div. 2003)

Opinion

2002-06896

Submitted March 31, 2003.

May 5, 2003.

In an action to recover damages for violation of Labor Law § 740, the plaintiff appeals from an order of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated July 10, 2002, which granted the defendants' motion for summary judgment dismissing the complaint.

Robert N. Isseks, Middletown, N.Y. (Alex Smith of counsel), for appellant.

James G. Sweeney, P.C., Goshen, N.Y. for respondents.

Before: MYRIAM J. ALTMAN, J.P., NANCY E. SMITH, LEO F. McGINITY, BARRY A. COZIER, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

A cause of action predicated upon Labor Law § 740 requires proof of an actual violation of law, rule, or regulation which creates and presents a substantial and specific danger to the public health or safety (see Bordell v. General Electric Co., 88 N.Y.2d 869; Remba v. Federation Empl. Guidance Serv., 76 N.Y.2d 801).

Here, the defendants established their prima facie entitlement to summary judgment by demonstrating that the plaintiff failed to establish that the defendants' practices constituted an actual violation of a law, rule, or regulation which created and presented a substantial and specific danger to the public health or safety. In opposition, the plaintiff failed to raise a triable issue of fact. Accordingly, the Supreme Court properly granted the motion for summary judgment dismissing the complaint.

ALTMAN, J.P., SMITH, McGINITY and COZIER, JJ., concur.


Summaries of

Quirk v. Emergency Housing Group, Inc.

Appellate Division of the Supreme Court of New York, Second Department
May 5, 2003
305 A.D.2d 390 (N.Y. App. Div. 2003)
Case details for

Quirk v. Emergency Housing Group, Inc.

Case Details

Full title:MARY ANNE QUIRK, appellant, v. EMERGENCY HOUSING GROUP, INC., ET AL.…

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

Date published: May 5, 2003

Citations

305 A.D.2d 390 (N.Y. App. Div. 2003)
758 N.Y.S.2d 528

Citing Cases

Pipia v. Nassau County

We reverse. Labor Law § 740 (4) creates a cause of action in favor of an employee who has been unlawfully…

Green v. Salvation Army

"discloses, or threatens to disclose to a supervisor or to a public body an activity, policy or practice of…