Wednesday, July 13, 2016

The homeowner's exemption under the Labor Law.

Practice point:  While the Labor Law generally imposes liability for worker safety on property owners and contractors, it exempts from liability the owners of one and two-family dwellings who contract for but do not direct or control the work.  The exemption does not extend to owners who use their one- or two-family houses purely for commercial purposes.  Renovating a residence for resale or rental qualifies as work being performed for a commercial purpose.

Student note: Where a one- or two-family property serves both residential and commercial purposes, a determination as to whether the exemption applies in a particular case turns on the nature of the site and the purpose of the work being performed, and must be based on the owner's intentions at the time of the injury.

Case:  Batzin v. Ferrone, NY Slip Op 05108 (2d Dep't June 29,2016)

Here is the decision.

Tomorrow's issue:  CPLR 3216 and restoring a case to the calendar.