Plaintiff sustained injuries while working at a construction site where defendants were constructing a two-family home. The Labor Law §§ 240(1) and 241(6) claims as against defendants were dismissed, as defendants fell within the homeowner's exemption set forth in the statutes, which exempts from liability "owners of one and two-family dwellings who contract for but do not direct or control the work." Defendants made a prima facie showing of their entitlement to the exemption by demonstrating that they intended to reside in one of the units, and, therefore, that the property was not to be used solely for commercial purposes, and that they did not direct or control plaintiff's work. Plaintiff failed to raise a triable issue of fact in opposition.
In the absence of evidence that defendants exercised supervisory control over the injury-producing work, the Labor Law § 200 and common-law negligence claims were also dismissed.
Nava v. Franklin, NY Slip Op 05191 (1st Dep't October 12, 2023)
