Homeowners' liability under the Labor Law.

Practice point:  Labor Law §§ 240 and 241 provide an exemption for owners of single and two-family houses, and liability can only be imposed where the homeowner directs or controls the work being performed.

Student note: "Direction and control" of the work is strictly construed to mean that the homeowner oversees the method and manner of the work being performed.

Case: Tomecek v. Westchester Additions & Renovations, Inc., NY Slip Op 05624 (2d Dept. 2012).

Here is the decision.

Tomorrow’s issue: Judicial review of arbitration awards.