Farmer v. Davidson

Full title: EDWIN FARMER et al., Appellants, v. DENNIS DAVIDSON et al., Respondents

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 25, 1994

203 A.D.2d 513 (N.Y. App. Div. 1994)

612 N.Y.S.2d 953

Opinion

April 25, 1994

Appeal from the Supreme Court, Suffolk County (Gowan, J.).

Ordered that the order is affirmed, with costs.

We agree with the determination of the Supreme Court that the defendants did not direct or control the manner in which the injured plaintiff worked on their one-family home. Therefore, they are exempt from liability pursuant to Labor Law §§ 240 and 241 (see, Duda v Rouse Constr. Corp., 32 N.Y.2d 405; Schwartz v Foley, 142 A.D.2d 635; see also, Danish v Kennedy, 168 A.D.2d 768; Reyes v Silfies, 168 A.D.2d 979). Miller, J.P., Lawrence, Altman and Krausman, JJ., concur.