Vliet v. Alweis
Court: Appellate Division of the Supreme Court of the State of New York; May 16, 1996; New York; State Appellate Court
An appeal was filed against a March 16, 1995 order from the Supreme Court of Broome County, which granted defendants' motion for summary judgment, dismissing the complaint filed by plaintiff James C. Vliet after he sustained injuries from falling off a ladder while painting defendants' home. Defendants, owners of a two-story single-family residence in Binghamton, contended that they were entitled to the homeowners' exemption under Labor Law § 240(1), which protects owners of one and two-family dwellings who do not direct or control work performed on their property. Plaintiffs alleged that the defendants were ineligible for this exemption due to defendant Aaron Alweis's use of the home for commercial transcription work, claiming this mixed-use of the property disqualified them from the exemption. However, the court referenced prior case law indicating that the presence of both residential and commercial uses does not automatically preclude a dwelling owner from claiming the exemption. It emphasized that the nature and purpose of the work must be examined, noting that the painting project was a simple home improvement with minimal impact on Alweis's commercial activities. The court concluded that the defendants were entitled to the homeowners' exemption since their residence was not used solely for commercial purposes, even though Alweis claimed tax deductions for his work done at home. Consequently, the Supreme Court's ruling to grant defendants' motion for summary judgment was affirmed, with costs awarded to the defendants. The plaintiffs conceded that their claims under Labor Law §§ 200 and 241(6) were not viable, focusing the appeal solely on the applicability of the homeowners' exemption under Labor Law § 240(1).