You are here: / / THE LABOR LAW LIABILITY EXEMPTION FOR OWNERS OF ONE AND TWO FAMILY HOMES...
,

THE LABOR LAW LIABILITY EXEMPTION FOR OWNERS OF ONE AND TWO FAMILY HOMES DOES NOT APPLY WHERE THE WORK HAS A COMMERCIAL PURPOSE, I.E., RENOVATION OF THE PROPERTY FOR SALE OR RENTAL; HERE THE DEFENDANTS DID NOT ELIMINATE QUESTIONS OF FACT ABOUT WHETHER THE WORK WAS FOR A COMMERCIAL PURPOSE (SECOND DEPT). ​

The Second Department, reversing Supreme Court, determined the Labor Law 240(1) and 241(6) causes of action against the owner of a one or two-family dwelling should not have been dismissed on the ground that owners of one and two-family dwellings who do not control the work, are exempt form Labor Law liability. The exemption depends on whether the work serves a residential or commercial purpose. Here, without describing the facts, the Second Department held there was a question of fact about whether the work served a residential or commercial purpose:

Labor Law §§ 240(1) and 241(6) impose nondelegable duties upon property owners to comply with certain safety practices for the protection of workers engaged in certain activities. Both statutes exempt from liability “owners of one and two-family dwellings who contract for but do not direct or control the work” (id. §§ 240[1]; 241[6]). However “‘[r]enovating a residence for resale or rental plainly qualifies as work being performed for a commercial purpose'” … . Where the property serves both residential and commercial purposes, “[a] determination as to whether the exemption applies in a particular case turns on the nature of the site and the purpose of the work being performed, and must be based on the owner’s intentions at the time of the injury” … .

Here … the defendants failed to eliminate triable issues of fact as to whether they were entitled to the homeowner’s exemption to Labor Law §§ 240(1) and 241(6), including whether the premises had a commercial purpose and whether the work the plaintiff performed related to a commercial purpose of the premises … . Moreno v Hossain, 2026 NY Slip Op 03159, Second Dept 5-20-26

Practice Point: The exemption from Labor Law liability for owners of one and two-family homes does not apply when the purpose of the work is commercial, renovation for sale or rental, for example.

 

You might also like
MORTGAGE COMPANY’S PROOF OF STANDING AND MAILING OF RPAPL 1304 NOTICE INSUFFICIENT IN THIS FORECLOSURE ACTION (SECOND DEPT).
DEFENDANT HAD BEEN RELEASED FOR 12 YEARS WITHOUT REOFFENDING AT THE TIME OF THE SORA HEARING; DEFENDANT WAS ENTITLED TO A DOWNWARD DEPARTURE TO LEVEL ONE (SECOND DEPT).
Shortened Statute of Limitations in Policy Enforced
No Demonstration Burst Water Pipe Could Have Been the Result of Negligent Inspection or Maintenance; Municipality Immune from Negligent Design
Answering Juror’s Question Outside Presence of Defendant, Counsel and Other Jurors Required Reversal.
Flight Provided Justification for Pursuit.
DEFENDANT WAS NOT GIVEN A REASONABLE OPPORTUNITY TO EXPLAIN HIS REQUEST TO WITHDRAW HIS GUILTY PLEA; MATTER REMITTED FOR THAT PURPOSE AND A REPORT TO THE APPELLATE COURT (SECOND DEPT).
BANK DID NOT DEMONSTRATE STANDING (REQUIREMENTS OF BUSINESS RECORDS EXCEPTION TO THE HEARSAY RULE NOT MET), SUPREME COURT REVERSED.

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

THE BANK SENT THE RPAPL 1304 NOTICE OF FORECLOSURE TO THE TWO BORROWERS IN THE... THERE WAS NO EVIDENCE DEFENDANT, WHO WAS FOLLOWING THE SHOOTER’S CAR,...