Telfer v. Gunnison Lakeshore Orchards, Inc.
Court: Appellate Division of the Supreme Court of the State of New York; December 3, 1997; New York; State Appellate Court
Appeals were made by Carpinello, J. from a Supreme Court order and judgment that partially granted the defendant's cross motion for summary judgment, dismissing three causes of action in the complaint related to violations of Labor Law sections 240 and 241. The case arose from injuries sustained by plaintiff Ray E. Telfer while working on self-built scaffolding in the basement of a single-family home owned by the Gunnisons, who hired Telfer's employer for renovations. The main legal issue was whether the defendant qualified for the single-family exemption from liability under Labor Law sections 240 and 241. The exemption applies to owners of one- or two-family dwellings who contract for work but do not control it. Plaintiffs argued that the defendant, as a corporate entity benefiting from the property, should not receive this exemption. However, the court clarified that the exemption is determined by the nature of the work's site and purpose rather than the structure's use. The court found that the work performed was directly related to the residential use of the home, despite the property also having commercial elements. The residence's primary use was as a single-family dwelling, and the work contracted was for residential improvements. Furthermore, it was established that the Gunnisons did not direct or control the work being done. Therefore, the court concluded that the defendant was entitled to the homeowner exemption, affirming the dismissal of the complaint. The plaintiffs' argument that the defendant needed to plead the exemption as an affirmative defense was also rejected, as there is no requirement for this under CPLR regulations. The order and judgment were affirmed with costs.