Bartoo v. Buell

Lawton and Fallon, JJ.

(dissenting). We respectfully dissent. Plaintiffs, Philip Bartoo, Dennis Pangburn and Allen Skiver, Jr., were injured when they fell from scaffolding while repairing the roof on defendant’s barn. At the time of the accident, defendant was leasing space in the barn to individuals to store their golf carts. Because the barn was undeniably used in part for commercial purposes, and because the roofing project benefitted the entire structure, we conclude that defendant was not entitled to the exemption accorded to one- and two-family dwellings under Labor Law § 240 (1) and §…