Allen v. Fiori
Opinion of the Court
Appeal from an order of the Supreme Court (Caruso, J.), entered June 17, 1999 in Schenectady County, which granted defendants’ motion for summary judgment dismissing the complaint.
Defendants Leonard Fiori, Jr. and Frances Fiori (hereinafter collectively referred to as defendants) owned real property in the Town of Rotterdam, Schenectady County, which was improved with a single-family residence, a tool shed and a two-story carriage house. Plaintiff Richard C. Allen (hereinafter plaintiff) was hired to perform repair and renovation work on the property and was injured when he fell from scaffolding while painting the exterior of the carriage house. Plaintiffs commenced this action alleging, as relevant to this appeal, violations of Labor Law § 240 (1) and § 241 (6). Following joinder of issue and completion of depositions, defendants moved for summary judgment dismissing the complaint. Plaintiffs opposed the motion only to the extent of contesting defendants’ entitlement to the statutory exemption from liability under Labor Law § 240 (1) and § 241 (6) as owners of a one or two-story dwelling who did not direct or control the work. Supreme Court granted the motion and this appeal ensued.
We affirm. Whether the dwelling-owner exemption is available to an owner turns on the site and purpose of the work (see, Bartoo v Buell, 87 NY2d 362, 368; Cannon v Putnam, 76 NY2d 644, 650), The evidence submitted on the summary judgment motion shows that, although the second story of the carriage house had once been divided into two apartments, at the time of plaintiff’s injury, those areas were uninhabitable. In
As a final matter, the assertion that defendants’ business acumen and sophistication deprives them of the statutory exemption is found to be lacking in merit (see, Sweeney v Sanvidge, 271 AD2d 733, 734-735). The parties’ remaining contentions either need not be considered or have been found to be lacking in merit.
Crew III, Mugglin, Rose and Lahtinen, JJ., concur. Ordered that the order is affirmed, with costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.