Residential and Commercial Mixed Use Not Disqualifying for Homeowners’ Exception to Labor Law §§ 240(1) and 241(6)
In a recent decision, the Appellate Division, Fourth Department unanimously affirmed a Supreme Court, Niagara County decision that granted defendant’s motion for summary judgment to dismiss plaintiff’s Labor Law §§ 240(1) and 241(6) causes of action.
In DiNieri v. Schimmelpennick, 2024 NY Slip Op 05660, plaintiff alleged that he was injured when the scaffolding on which he was standing collapsed while he was working on the construction of an addition to a single-family home owned and occupied by the defendant. Defendant moved for summary judgment, which the lower Court granted, on the basis that the defendant is exempt from the Labor Law §§ 240(1) and 241(6) causes of action via the homeowners’ exception.
The Fourth Department agreed, finding that defendant met his initial burden of establishing the applicability of the homeowners’ exception by submitting sufficient evidence that they owned the subject one-family dwelling where plaintiff was working, did not control or direct plaintiff’s work, and that the home had no commercial purpose. In its decision, the Fourth Department also noted that the existence of both residential and commercial uses on a property “does not automatically disqualify a dwelling owner from invoking” the homeowners’ exemption to Labor Law §§ 240(1) and 241(6).
An interesting case from the Fourth Department reminds us that even though a one or two-bedroom dwelling may have a joint commercial and residential purpose, a homeowner is not necessarily prohibited from invoking the homeowners’ exception to Labor Law §§ 240(1) and 241(6).
The DiNieri decision can be found here.
For additional information, contact Philip D. Priore, Esq. and/or Michael J. Shields, Esq.
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