New York Court of Appeals, 2004

Stejskal v. Simons

New York Court of Appeals · Decided June 24, 2004 · Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith Concur

816 N.E.2d 186; 3 N.Y.3d 628; 782 N.Y.S.2d 397; 2004 N.Y. LEXIS 1574 (North Eastern Reporter, Second Series)

Cases that cite this one

12 later published cases cite this decision.

Wood v. Artifact Props., LLC (Appellate Division of the Supreme Court of New York 2019)
Marquez v. Mascioscia (Appellate Division of the Supreme Court of New York 2018)
Nicholas v. Phillips (Appellate Division of the Supreme Court of New York 2017)
Caiazzo v. Mark Joseph Contracting, Inc. (Appellate Division of the Supreme Court of New York 2014)
Sanchez v. Palmiero (Appellate Division of the Supreme Court of New York 2014)
Sanchez v. Palmiero (Appellate Division of the Supreme Court of New York 2014)
Lopez v. Dagan (Appellate Division of the Supreme Court of New York 2012)
Lopez v. Dagan (Appellate Division of the Supreme Court of New York 2012)
Thompson v. Geniesse (Appellate Division of the Supreme Court of New York 2009)
Ru Fa Zheng v. Cohen (Appellate Division of the Supreme Court of New York 2008)
Ortega v. Puccia (Appellate Division of the Supreme Court of New York 2008)
Ferrero v. Best Modular Homes, Inc. (Appellate Division of the Supreme Court of New York 2006)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs. The evidence unequivocally demonstrated that the sole purpose of the construction work was to convert what was a multiple dwelling into a one-family dwelling for the owners’ use. Thus, defendant owners were entitled to avail themselves of the one- or two-family homeowner’s exemption provided in Labor Law § 240 (1) and § 241 (see Khela v Neiger, 85 NY2d 333, 338 [1995]; Cannon v Putnam, 76 NY2d 644, 650 [1990]).

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.