Summary
This Appellate Division decision reviews a trial court order in a personal injury action alleging a violation of Labor Law § 241(6) after a carpenter was injured by a table saw at a residential renovation project. The court affirmed the dismissal of the claim against the homeowner defendant, concluding he qualified for the statutory exemption because he did not direct or control the work. However, the court modified the order to reverse the dismissal of the claim against the general contractor, finding that material issues of fact remained regarding compliance with specific Industrial Code safety regulations.
Topics
Practice areas
Questions Presented
- Whether the homeowner exemption in Labor Law §241(6) applies to the owner, Moses Kupferstein, and to BBM Construction Corp.
- Whether summary judgment was proper on liability under Labor Law §241(6) against Kupferstein and BBM.
Holdings
- The exemption applies because the premises is a one‑family residence and Kupferstein did not direct or control the work performed.
- The exemption does not apply to BBM Construction Corp.; the defendants' motion to dismiss the claim against BBM should be denied.
- Summary judgment was improper where triable issues of fact exist regarding compliance with the applicable Industrial Code provisions; thus the plaintiff’s motion should not have been denied against BBM and the defendants’ motion dismissing the claim against BBM should be denied.
Key quotations
“Owners of one- or two-family dwellings are exempt from liability under Labor Law § 241(6) unless they directed or controlled the work being performed.”
“In order for a defendant to receive the protection of the homeowner's exemption, the defendant must show that (1) the premises consisted of a one- or two-family residence, and (2) the owner did not direct or control the work being performed.”
“The phrase "direct or control" is "construed strictly and refers to the situation where the owner supervises the method and manner of the work".”
Factual background
The plaintiff, a carpenter employed by Molding Decor, Inc., was injured when a table‑saw blade cut off part of his finger while working on a renovation project at a one‑family residence owned by Moses Kupferstein. Kupferstein owned BBM Construction Corp., the general contractor that retained Molding Decor.
Procedural history
The Supreme Court, Kings County denied the plaintiff's motion for summary judgment on liability under Labor Law §241(6) and granted the defendants' motion dismissing the complaint. The plaintiff appealed the order.