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JOY FASHIONS v. LABOR COMMR.

90 N.Y.2d 102 (1997)

681 N.E.2d 363

659 N.Y.S.2d 196

In the Matter of Dawn Joy Fashions, Inc., Respondent, v. Commissioner of Labor of the State of New York et al., Appellants.

Court of Appeals of the State of New York.

Decided June 5, 1997.

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, New York City (M. Patricia Smith, Barbara G. Billet, Peter H. Schiff, Daniel F. De Vita, Jennifer S. Brand and Claire T. O'Keefe of counsel), for appellants.

Uncyk, Borenkind & Nadler, L. L. P., New York City (Eli Uncyk and Jeffrey S. Kofsky of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE and WESLEY concur.

CIPARICK, J.

On this appeal, we consider the proof required to establish that a garment manufacturer violated the Labor Law by causing the delivery of materials for unauthorized industrial homework (see, Labor Law § 352 [1]). We agree with the Appellate Division that the rebuttable strict liability standard advanced by the Department of Labor is unsupported by the governing statute, and we conclude...

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