Bed and Breakfast Not Entitled to Homeowner’s Exemption
The Third Department determined the owner of a bed and breakfast was not entitled to the homeowner’s exemption from the Labor Law:
…[A]lthough “[b]oth Labor Law § 240 (1) and § 241 impose nondelegable duties upon contractors, owners and their agents to comply with certain safety practices for the protection of workers engaged in various construction-related activities . . . [,] the Legislature has carved out an exemption for the owners of one and two-family dwellings who contract for but do not direct or control the work”…. That exemption, however, “is not available to an owner who uses or intends to use [the] dwelling only for commercial purposes”… . Bagley v Moffett, 515914, 3rd Dept 6-27-13