Practice point: Owners of one-family and two-family dwellings are exempt from statutory liability, pursuant to Labor Law §§ 240 and 241, if they contract for, but do not direct or control, work performed on their property.
Practitioners should note that, although the homeowner exemption does not apply where a one-family dwelling’s owner uses it exclusively for commercial purposes, the fact that there is a home office does not deprive an apartment of its essentially residential character.
Case: DeSabato v. 674 Carroll St. Corp., NY Slip Op 07856 (2d Dept. 2008)
The opinion is here.
