The state cannot be held liable under the Labor Law for the destruction of nearly 29 tons of fireworks on the mistaken assumption that they were “explosives,” an appellate court has held. In Esposito v. State, 515963, the Appellate Division, Third Department, affirmed Court of Claims Judge Francis Collins and held that the labor commissioner’s decision to have Vincent Esposito’s stockpile of fireworks destroyed was made in good faith and with public safety in mind.
The case centered on a company, July4Ever and its president, Esposito. In 2006, U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives agents inspected Esposito’s storage facility in Walden, Orange County. Concerned about public safety, they contacted the state Labor Department, which cited the company for improper storage and seized the 57,914 pounds of fireworks.
