QUIRK v. EMERGENCY HOUSING GROUP, INC

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.