You are here: / / DEFENDANT HOMEOWNER DID NOT DIRECT OR EXERCISE SUPERVISORY CONTROL OVER...

DEFENDANT HOMEOWNER DID NOT DIRECT OR EXERCISE SUPERVISORY CONTROL OVER PLAINTIFF’S WORK; THE LABOR LAW 240(1) AND 241(6) CAUSES OF ACTION SHOULD HAVE BEEN DISMISSED PURSUANT TO THE STATUTORY HOMEOWNER’S EXEMPTION; THE LABOR LAW 200 AND COMMON LAW NEGLIGENCE CAUSES OF ACTION, TO WHICH THE HOMEOWNER’S EXEMPTION DOES NOT APPLY, SHOULD ALSO HAVE BEEN DISMISSED BECAUSE THE DEFENDANT DID NOT CONTROL PLAINTIFF’S WORK (THIRD DEPT). ​

The Third Department, reversing Supreme Court determined the Labor Law 240(1), 241(6), 200 and common law negligence causes of action against the homeowner should have been dismissed. Plaintiff alleged he fell 14 feet attempting to install floor joists across the foundation. The Labor Law 240(1) and 241(6) causes of action should have been dismissed pursuant to the statutory homeowner’s exemption, which was deemed applicable because defendant did not direct the plaintiff’s installation of the joists. The Labor Law 200 and common law negligence causes of action should have been dismissed for essentially the same reason (there is no statutory homeowner’s exemption for those causes of action):

… [P]laintiff averred that he and defendant had discussions about work orders, logistics, materials and the architectural drawings, that defendant checked in with him on a daily basis, that defendant told him where to park during work hours and to lock a gate at the conclusion of the workday, that defendant changed the stairs and windows to be used for the house and changed the placement of a fireplace and that defendant moved rocks and applied tape to plywood at the construction site. Even when viewed in the light most favorable to plaintiff, however, this evidence does not indicate that defendant directed or controlled the manner of plaintiff’s work … . Capuzzi v Fuller, 2021 NY Slip Op 07335, Third Dept 12-23-21

 

You might also like
Restrictive Covenants in Homeowners’ Association’s Declaration Do Not Apply to Land Along a Road Which Had Been Dedicated by the Association to the Town
COURT ORDER WAS AMBIGUOUS AND ERRONEOUS AND COULD NOT THEREFORE BE THE BASIS OF A CONTEMPT FINDING AND SANCTIONS (THIRD DEPT). ​
Conspiracy Indictment Which Does Not Charge an Overt Act is Jurisdictionally Defective
Estate of Mortgage-Holder Is a Necessary Party In a Foreclosure Proceeding
EASEMENT WHICH ALLOWED ACCESS TO A GARAGE AND WOODSHED WAS EXTINGUISHED, GARAGE AND WOODSHED NO LONGER EXISTED AND HAD NOT EXISTED FOR 50 YEARS (THIRD DEPT).
COVID STIMULUS PAYMENTS WERE ADVANCE TAX REFUNDS MEASURED BY THE NUMBER OF CHILDREN, NOT PAYMENTS FOR THE BENEFIT OF THE CHILDREN; THEREFORE THE PAYMENTS WERE SUBJECT TO EQUITABLE DISTRIBUTION IN THIS DIVORCE PROCEEDING AND SHOULD NOT HAVE BEEN AWARDED TO MOTHER AS CHILD SUPPORT (THIRD DEPT).
DESPITE THE DRIVER’S FAILURE TO USE A TURN SIGNAL AS THE JUSTIFICATION FOR THE TRAFFIC STOP, DEFENDANT WAS ENTITLED TO A HEARING ON HIS MOTION TO VACATE HIS CONVICTION ON THE GROUND THE STOP WAS ACTUALLY BASED UPON RACIAL PROFILING; IN THE FIRST DEPARTMENT THE “TURN SIGNAL” GROUND FOR THE STOP WOULD BE ENOUGH, EVEN IF THE STOP WAS ACTUALLY MOTIVATED BY DISCRIMINATION; NOT SO IN THE THIRD DEPARTMENT (THIRD DEPT).
Crude Conduct Not Motivated by Petitioners’ Gender/Case of Same Sex Discrimination Not Made Out

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

CLAIMANT FIREFIGHTER DEMONSTRATED HIS PTSD IS RELATED TO THE HORRIFIC INJURIES... FAMILY COURT DID NOT HAVE THE AUTHORITY TO, SUA SPONTE, AMEND A DISMISSAL ORDER...