Practice point: Owners of one- and two-family homes who do not direct or control the work are statutorily exempt from liability under § 240, which otherwise imposes a nondelegable duty to provide scaffolding and other protection to persons working in construction, excavation, or demolition.
Practitioners should note that the homeowner's exemption does not apply where the construction is effectively a commercial enterprise, such as building a new home for sale.
Case: Andreas v. Catskill Mtn. Lodging, LLC, NY Slip Op 01597 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Motion practice.
