Homeowners’ Exception Does Not Automatically Apply to Your Spouse Leading to Summary Judgment and an Awkward Conversation
There are benefits to putting your spouse on your lease.
In a recent decision, the Appellate Division, First Department unanimously affirmed a Supreme Court, Bronx County decision that granted plaintiff’s motion for summary judgment as to his Labor Law § 240(1) and denied the defendant’s cross-motion for summary judgment to dismiss plaintiff’s complaint.
In Castro v. Evelyn Brito, et al., 2025 NY Slip Op 01040, plaintiff was allegedly injured when the wooden ladder he was using collapsed as he descended from the garage roof of a two-unit home while performing repairs. Plaintiff alleges that the ladder provided by the defendant was defective, unsecured, and too short for the job.
We note, there are two defendants in this matter – Defendant Brito and Defendant Villavicencio – who are married. Brito is on the deed to the subject premises and Villavicencio is not.
After the conclusion of discovery, the parties moved for summary judgment, with Brito and Villavicencio arguing that plaintiff’s complaint should be dismissed due to the homeowners’ exception to the Labor Law. The Supreme Court, Bronx County disagreed and the First Department affirmed.
In its decision, the First Department found that Defendant Villavicencio was not entitled to the homeowners’ exception because she was not a legal owner of the property where plaintiff worked and lacked any legal interest in the property that would have entitled him to the exemption. Moreover, the term ‘owner’ in sections 240(1) and 241(6) does not encompass a “spousal relationship with the titleholder” because that relationship does not create the requisite legal interest in the property for the purposes of those sections. Moreover, because Villavicencio hired Plaintiff, with Brito’s authorization, and provided materials and tools for the garage roof repair, he was acting as a statutory agent for Villavicencio, and is therefore a proper Labor Law defendant.
The First Department also affirmed the lower Court decision that Plaintiff established prima facie entitlement to summary judgment as a matter of law, by showing that he was provided with an old, unstable wooden ladder that was too short to reach the roof and that it collapsed for no apparent reason.
You have to be a homeowner in order to qualify for the homeowners’ exception to the Labor Law. So if you haven’t, spare yourself a very awkward conversation and double check that your spouse is on the deed to your home.
The Castro decision can be found here.
For additional information, contact Philip D. Priore, Esq. and/or Michael J. Shields, Esq.
This article was prepared by McCormick & Priore, P.C. to provide information on recent legal developments of interest to our readers. This publication is in no way intended to provide legal advice or to create an attorney-client relationship. All Rights Reserved. This article may not be reprinted without the express written permission of McCormick & Priore, P.C.