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No Standing to Challenge Governmental Action—No Injury-In-Fact and the Type of Potential Injury Alleged Does Not Fall Within the Zone of Interest Underlying the Statute

The Third Department determined that the petitioners, manufacturers of electronically-operated partitions used in school buildings, did not have standing to bring an action compelling the NYC Department of Education to comply with the Education Law (Education Law 409-f) and regulations with respect to the maintenance of the partitions.  The petitioners argued that they are subject to liability if the partitions are not maintained in accordance with the law:

The two-part test for the threshold legal requirement of standing to challenge governmental action requires, first, an injury-in-fact and, second, that the injury “fall[s] within the zone of interests or concerns sought to be promoted or protected by the statutory provision” … .  Petitioners contend that they have been injured in that their employees might get hurt working on improperly maintained safety devices, they are potentially exposed to litigation if a device installed by them is not properly maintained by respondents and causes injury, and their insurance premiums have increased due to heightened exposure to liability.  We agree with Supreme Court that petitioners are essentially asserting a general challenge to respondents’ administration of the relevant statute and regulation …and further that their asserted injuries are too speculative and conjectural to satisfy the injury-in-fact requirement … .

Even if a sufficient injury-in-fact was asserted, petitioners also failed to show that they are within the zone of interests sought to be protected by the statute and regulation. Enacted after the tragic death of a young student crushed by a school partition …, the purpose of the law was to protect primarily students … and not individuals paid to work specifically on the safety devices. … . Matter of Gym Door Repairs, Inc v New York City Department of Education, 516661, 3rd Dept 12-19-13

 

 

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