Case Summary : Jeffrey Szczepanski v. Dandrea Construction Corp., 2011 N.Y. App. Div. LEXIS 8731 (Dec. 6, 2011).

Summary: Jeffrey Szczepanski v. Dandrea Construction Corp., 2011 N.Y. App. Div. LEXIS 8731 (Dec. 6, 2011). Plaintiff was working on a construction project and he was injured when he fell from a beam. At issue on this appeal was the application of the one and two-family dwelling exemption. The court refused to apply the exception as there was a triable issue of fact as to whether the homeowner exercised the requisite direction and control over the construction of the dwelling. Similarly, the §200 and common law negligence claims were not dismissed. The common law indemnification between the defendants was denied because plaintiff did not sustain a grave injury.

Practice Note: The one and two-family dwelling exemption was “enacted to protect those who, lacking business sophistication, would not know or anticipate the need to obtain insurance to cover them against absolute liability … .”

Topic Tags: Authority or Control Over Work, Grave Injury, One- or TwoFamily Dwelling Exemption