At page 406 Exemption from strict liability for home owners9 citing cases“the exception was enacted to protect those who, lacking business sophistication, would not know or anticipate the need to obtain insurance to cover them against absolute liability”
- Cummings v. Doo Wha Sung, 142 A.D.3d 1393 (N.Y. App. Div. 4th Dep't 2016).published On this record, it cannot be determined as a matter of law whether defendant directed or controlled the method and manner of the work being done on the house, including the work being carried out by plaintiff at the time of the accident (s…
- Pavon v. Koral, 113 A.D.3d 830 (N.Y. App. Div. 2014).published This homeowner’s exemption “was enacted to protect those who, lacking business sophistication, would not know or anticipate the need to obtain insurance to cover them against absolute liability” (Acosta v Hadjigavriel, 18 AD3d 406, 406 [20…
- Szczepanski v. Dandrea Constr. Corp., 90 A.D.3d 642 (N.Y. App. Div. 2d Dep't 2011).published“The exception was enacted to protect those who, lacking business sophistication, would not know or anticipate the need to obtain insurance to cover them against absolute liability” (Acosta v Hadjigavriel, 18 AD3d 406, 406 [2005]).
- Rodriguez v. Gany, 82 A.D.3d 863 (N.Y. App. Div. 2d Dep't 2011).published“The exception was enacted to protect those who, lacking business sophistication, would not know or anticipate the need to obtain insurance to cover them against absolute liability” (Acosta v Hadjigavriel, 18 AD3d 406, 406 [2005]).
- Zamora v. Frantellizzi, 45 A.D.3d 580 (N.Y. App. Div. 2d Dep't 2007).publishedWe agree with the Supreme Court that there is an issue of fact as to whether Anthony exercised the requisite degree of direction and control over the construction of his home to impose liability under Labor Law § 240 (1) and § 241 (6) (see…
- Nai Ren Jiang v. Shane Yeh, 95 A.D.3d 970 (N.Y. App. Div. 2d Dep't 2012).publishedThe “homeowner’s exemption” to liability under Labor Law § 241 (6) “is available to ‘owners of one and two-family dwellings who contract for but do not direct or control the work’ ” (Holifield v Seraphim, LLC, 92 AD3d 841, 842 [2012], quot…
- Bulux v. Moran, 189 A.D.3d 761 (N.Y. App. Div. 2d Dep't 2020).published
At page 407 Determining owner liability under labor law and negligence5 citing casesAmerogen v Donnini, 78 NY2d 880, 882 [1991]; Milan v Goldman, 254 AD2d 263, 264 [1998]). We agree with the Supreme Court that there is a triable issue of fact…
- Gallagher v. Resnick, 107 A.D.3d 942 (N.Y. App. Div. 2d Dep't 2013).published Accordingly, the Supreme Court properly denied that branch of Donadic’s cross motion which was for summary judgment dismissing so much of the complaint as alleged a violation of Labor Law § 200 insofar as asserted against it (see Acosta v…
- Sharoh v. Hourihan, 50 A.D.3d 665 (N.Y. App. Div. 2d Dep't 2008).publishedDev., LLC, 44 AD3d at 824 ; Ryba v Almeida, 44 AD3d 740, 741 [2007]; Boccio v Bozik, 41 AD3d 754, 755 [2007]; Acosta v Hadjigavriel, 18 AD3d 406, 407 [2005]).
- Boccio v. Bozik, 41 A.D.3d 754 (N.Y. App. Div. 2d Dep't 2007).publishedThere is a triable issue of fact as to whether the defendant, who owned a construction business which employed the plaintiff before the accident (on an unrelated job), exercised the requisite degree of direction and control over the renova…
- Torres v. Levy, 32 A.D.3d 845 (N.Y. App. Div. 2d Dep't 2006).published“For an owner to be held liable for common-law negligence or pursuant to Labor Law § 200, a plaintiff must show that the owner supervised or controlled the work, or had actual or constructive notice of the unsafe condition causing the acci…
v.
Petros Hadjigavriel
In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Kings County (Bayne, J.), dated December 3, 2004, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The defendant Petros Hadjigavriel (hereinafter the defendant) hired the plaintiff Guillermo Acosta (hereinafter the plaintiff) to paint portions of the exterior of his one-family home. The plaintiff allegedly sustained injuries when he fell on the appellants’ property from an extension ladder he was using while painting.
The . Supreme Court properly denied those branches of the appellants’ motion which were for summary judgment dismissing the causes of action based upon Labor Law § 240 (1) and § 241 (6). Owners and contractors are subject to strict liability pursuant to Labor Law § 240 (1) and § 241 (6), except owners of one- and two-family dwellings who contract for but do not direct or control the work. The exception was enacted to protect those who, lacking business sophistication, would not know or anticipate the need to obtain insurance to cover them against absolute liability (see Lombardi v Stout, 80 NY2d 290, 296 [1992]; Van [*407] Amerogen v Donnini, 78 NY2d 880, 882 [1991]; Milan v Goldman, 254 AD2d 263, 264 [1998]). We agree with the Supreme Court that there is a triable issue of fact as to whether the defendant, who owned a construction business which employed the plaintiff before the accident (on an unrelated job), exercised the requisite degree of direction and control over the painting of his home to impose liability under Labor Law § 240 (1) and § 241 (6) (see Rothman v Shaljian, 278 AD2d 297 [2000]; Krukowski v Steffensen, 194 AD2d 179 [1993]; cf. Bartoo v Buell, 87 NY2d 362 [1996]; Cannon v Putnam, 76 NY2d 644 [1990]; Milan v Goldman, supra; Rimoldi v Schanzer, 147 AD2d 541 [1989]).
For an owner to be held liable for common-law negligence or pursuant to Labor Law § 200, a plaintiff must show that the owner supervised or controlled the work, or had actual or constructive notice of the unsafe condition causing the accident (see Cuartas v Kourkoumelis, 265 AD2d 293 [1999]). Since there is a triable issue of fact as to whether the defendant exercised direction or control over the plaintiffs work, the Supreme Court also properly denied that branch of the defendants’ motion which was for summary judgment dismissing the plaintiffs’ claim alleging common-law negligence and a violation of Labor Law § 200 (see Rimoldi v Schanzer, supra). S. Miller, J.P., Ritter, Goldstein and Lifson, JJ, concur.