The Second Department determined the homeowner’s exemption from Labor Law 241(6) applied and the complaint was properly dismissed. The fact that the homeowner had worked in the construction field and had excess insurance coverage did not raise a question of fact whether the homeowner supervised plaintiff’s work:
Contrary to the plaintiff’s contention, the Supreme Court properly found that the statutory exemption contained in Labor Law § 241(6) applied to the [defendants]. Labor Law § 241(6) exempts from liability “owners of one and two-family dwellings who contract for but do not direct or control the work” … . The phrase “direct or control” is “construed strictly and refers to the situation where the owner supervises the method and manner of the work” … .
Here, it is undisputed that the [defendants’] house was a one-family dwelling. Moreover, the [defendants] established, prima facie, that they did not direct or control the work … . In opposition … , the plaintiff failed to raise a triable issue of fact … . Given the lack of evidence that the [defendants] supervised the method and manner of the work, the limited evidence that [the defendant husband] may have previously worked in the construction industry and that the [defendants] had excess insurance coverage does not create a triable issue of fact … . Hicks v Aibani, 2018 NY Slip Op 00413, Second Dept 1-24-18
LABOR LAW-CONSTRUCTION LAW (HOMEOWNER’S EXEMPTION TO LABOR LAW 241(6) APPLIED, NO EVIDENCE HOMEOWNERS SUPERVISED PLAINTIFF’S WORK, HOMEOWNERS’ MOTION FOR SUMMARY JUDGMENT PROPERLY GRANTED (SECOND DEPT))/HOMEOWNER’S EXEMPTION (LABOR LAW-CONSTRUCTION LAW, HOMEOWNER’S EXEMPTION TO LABOR LAW 241(6) APPLIED, NO EVIDENCE HOMEOWNERS SUPERVISED PLAINTIFF’S WORK, HOMEOWNERS’ MOTION FOR SUMMARY JUDGMENT PROPERLY GRANTED (SECOND DEPT))