Wednesday, February 22, 2017

The homeowner's exemption under the Labor Law.

Practice point:  Owners of a one- or two-family dwelling used as a residence are exempt from liability under Labor Law §§ 240(1) and 241(6), unless they directed or controlled the work being performed. The so-called homeowner's exemption was enacted to protect owners of one- and two-family dwellings who are not in a position to realize, understand, and insure against the responsibilities of strict liability imposed by the statute.  There are two requirements for a defendant's invoking the exemption. First, the defendant must show that the work was conducted at a dwelling that is a residence for only one or two families, and, second, the defendant does not direct or control the work.

Case:  Abdou v. Rampaul, NY Slip Op 01169 (2d Dep't February 15, 2017)

Here is the decision.

Tomorrow's issue:  Notices of claim.