Fabiola Colas, Plaintiff, v. Quality Building Services, Defendant-Respondent.

Reset A A Font size: Print

Supreme Court, Appellate Division, First Department, New York.

Jeffrey Katz, Plaintiff-Appellant, Fabiola Colas, Plaintiff, v. Quality Building Services, Defendant-Respondent.

4347

Decided: February 22, 2011

Tom, J.P., Sweeny, Acosta, Renwick, Manzanet-Daniels, JJ. Herbert Katz, New York, for appellant. Clifton Budd & DeMaria, LLP, New York (Laura Scully of counsel), for respondent.

_

Order, Supreme Court, New York County (Carol R. Edmead, J.), entered July 7, 2009, which, inter alia, granted defendant's motion to dismiss the complaint pursuant to CPLR 3211 for failure to state a cause of action, unanimously affirmed, without costs.

Defendant's alleged continuous failure to check the legal employment status of applicants as required by the U.S. Immigration Reform and Control Act of 1986 as amended in 2006 did not create a substantial and specific danger to the public health or safety within the meaning of Labor Law § 740.   Accordingly, the court properly dismissed plaintiff's action alleging retaliatory discharge in violation of Labor Law § 740 (see Cotrone v Consolidated Edison Co. of N.Y., Inc., 50 AD3d 354 [2008];  Peace v. KRNH, Inc., 12 AD3d 914 [2004], lv denied 4 NY3d 705 [2005] ).

We reject the parties' remaining contentions.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

_

CLERK