Cotrone v. Consolidated Edison Co.
Opinion of the Court
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.
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 [1990]). 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
Case-law data current through December 31, 2025. Source: CourtListener bulk data.