Moreno v. Hossain

Summary

The Appellate Division, Second Department, reversed an order granting defendants summary judgment dismissing claims under Labor Law §§ 240(1) and 241(6). The court held that defendants failed to eliminate triable issues of fact concerning whether the property and the work served a commercial purpose, which affected applicability of the homeowner exemption. The action arose from a worker’s hand injury while removing a mirror in a second-floor rental apartment.

Holdings

1. Defendants failed to eliminate triable issues of fact regarding whether they were entitled to the homeowner's exemption, including whether the premises had a commercial purpose and whether Moreno's work related to that commercial purpose.

Questions Presented

1. Whether defendants established as a matter of law that they qualified for the homeowner's exemption from liability under Labor Law §§ 240(1) and 241(6).
2. Whether defendants eliminated triable issues of fact concerning whether the premises and the work performed had a commercial purpose.

Disposition

reversed