Summary : William Bucklaew v. Scott Walters, 75 A.D.3d 1140, 905 N.Y.S.2d 813 (4th Dept. 2010) (July 9, 2010). The two plaintiffs each sustained injuries (minutes apart) when they fell from a ladder and pick assembly while installing siding on a two-family residence. The court dismissed the §§240(1) and 241(6) causes of action under the one and two-family dwelling exemptions. The defendants did not direct or control the method and manner in which the work was performed. The mere fact that the plaintiff pointed out areas where the work was performed did not establish liability. Work performed by the homeowner unrelated to the defendant’s work did not preclude the application of the exemption. The court refused to dismiss the §200 and common law causes of action as the court found issues of fact as to whether the defendant created the dangerous condition. Also, there were issues of fact as to whether the actions of the plaintiff contributed to the accident or was a superseding cause.
Practice Note: In determining the application of the one and two family dwelling exemption the court utilized a building block approach in analyzing the facts.