Matter of V. En. Ser. v. N.Y.C. D. of En. P

Full title: In the Matter of VISION ENVIRONMENTAL SERVICES CORP. et al., Appellants…

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

Date published: Sep 4, 1997

242 A.D.2d 431 (N.Y. App. Div. 1997)

662 N.Y.S.2d 146

Opinion

September 4, 1997

Appeal from Supreme Court, New York County (Alice Schlesinger, J.).

Petitioners were properly found to be in violation of each of the asbestos regulations in question. The statutory scheme relating to asbestos, read as a whole and in light of its policy objectives, gives respondents broad authority to make rules for the protection of the public and workers, including imposition of strict liability and application of the principle of respondeat superior ( cf. Cunningham v. L.P.T.G. Farragut Realty Corp., 200 A.D.2d 651, 652-653).

We find that 15 RCNY 1-91 (c) imposed upon petitioner contractor the duty of instructing its employees not to use altered gloves. We further find that the evidence permitted a rational inference that this duty was breached. We have considered petitioners' remaining contentions and find them to be without merit.

Concur — Milonas, J.P., Nardelli, Williams, Mazzarelli and Andrias, JJ.