Homeowner’s Exception Did Not Apply

Plaintiff lost fingers operating a table saw which was alleged not to have had a blade guard.  In determining the homeowner’s exception to the Labor Law 241(6) cause of action did not apply, the Second Department wrote:

With respect to the cause of action pursuant to Labor Law § 241(6), the appellant claimed the homeowners’ exemption for owners of one and two-family homes who did not supervise the work. In order to receive the protection of the homeowners’ exemption, a defendant must satisfy two prongs: that the work was conducted at a dwelling that is a residence for only one or two families, and the defendant did not direct or control the work … . Summary judgment on this issue was properly denied, as the evidence described above raised a triable issue of fact as to whether the appellant supervised or controlled the work and, further, there was a triable issue of fact as to whether the appellant intended to use the subject house as rental property… .  Murillo v Porteus, 2013 NY slip Op 05517, 2nd Dept 7-31-13