Matter, Vision E. Ser. v. N.Y.C. Dept., E.P

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

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

Date published: Mar 10, 1998

248 A.D.2d 181 (N.Y. App. Div. 1998)

670 N.Y.S.2d 18

Opinion

March 10, 1998

Appeal from the Environmental Control Board.

Substantial evidence, including the testimony of the inspector who inspected the subject building where asbestos abatement was taking place, supports respondent's determination that petitioners violated the City's asbestos rules in that they failed to ensure that all workers wore protective gloves during the abatement process, failed to keep a proper ground-fault interrupter at the source of electric power to the work area, failed to ensure that the decontamination room contained an adequate number of shower heads for its workers, and failed to ensure that the shift supervisor entered the work area wearing proper protective clothing. Petitioner owner is liable for the violations of petitioner contractor (see, Matter of Vision Envtl. Servs. Corp. v. New York City Dept. of Envtl. Protection, 242 A.D.2d 431). We have considered petitioners' other arguments and find them to be without merit.

Concur — Sullivan, J. P., Milonas, Rubin and Tom, JJ.