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HEAVY BARN DOORS WHICH HAD BEEN TAKEN OFF THE HINGES FELL ON PLAINTIFF AS HE DELIVERED SHEETROCK TO THE BARN WHICH WAS BEING CONVERTED TO A MUSIC STUDIO; THERE WERE QUESTIONS OF FACT WHETHER THE DOORS PRESENTED A DANGEROUS CONDITION AND CONSTITUTED AN ELEVATION-RELATED HAZARD AND WHETHER THIS WAS A COMMERCIAL PROJECT TO WHICH THE HOMEOWNER EXEMPTION DID NOT APPLY (LABOR LAW 200 AND 240(1)) (THIRD DEPT).

The Third Department, reversing (modifying) Supreme Court, determined defendant’s motion for summary judgment on the Labor Law 200 a nd 240(1) causes of action should not have been granted. Plaintiff was told to deliver sheetrock through an opening where heavy double barn doors were being restored. The hinges had been removed and the doors were held in place by wooden wedges. The doors fell on plaintiff. The Third Department found there were questions of fact whether the doors presented a dangerous condition (Labor Law 200), an elevation-related hazard (Labor Law 240(1), and whether the project was commercial in nature such that the homeowner exemption did not apply. With regard to the homeowner exemption, the court wrote:

Although Labor Law § 240 (1) imposes a nondelegable duty upon owners to protect workers engaged in 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” … .

… [D]efendants, as the parties seeking the benefit of the statutory exemption, had the burden of establishing that the property was not being used solely for commercial purposes … . This they failed to do. [Defendant’s] deposition testimony established that he is a professional musician and that the structure was being altered to use as a music studio and a photography workspace. Moreover, defendants failed to submit an affidavit addressing whether they intended to use the structure for commercial or noncommercial purposes. [W]e find that defendants failed to demonstrate their entitlement to the homeowner exemption as a matter of law and that a question of fact exists regarding the application of the homeowner exemption … .Hawver v Steele, 2022 NY Slip Op 02322, Third Dept 4-7-22

Practice Point: The homeowner exemption to Labor Law liability does not apply where the construction is for commercial purposes. Here the defendants did not demonstrate the renovation of a barn for use as a music studio was not for commercial purposes. Therefore defendants motion for summary judgment on the Labor Law 240(1) cause of action should not have been granted.

 

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