Legal Opinion
Affri v. Basch
New York Court of Appeals
Decided November 24, 2009No. 159PublishedCited by 35 opinions
1Opinion of the Court
OPINION OF THE COURT
Pigott, J.
The issue before us is whether defendants exercised sufficient direction and control over plaintiff’s work to overcome the one- or two-family dwelling exception found in Labor Law §§ 240 and 241. We hold that they did not and therefore affirm the order of the Appellate Division.
Defendants hired plaintiff, a neighbor who had previously done small jobs for them, to perform renovations to an apartment within their home. The work included, as relevant to this appeal, the installation of appliances. Plaintiff fell from a ladder *595while installing a vent on the roof and…
2Cases cited4 opinions
- Lombardi v. StoutNew York Court of Appeals · 1992
- Cannon v. PutnamNew York Court of Appeals · 1990
- Duda v. John W. Rouse Construction Corp.New York Court of Appeals · 1973
- Affri v. BaschAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by35 opinions
- Byrd v. RonekerAppellate Division of the Supreme Court of the State of New York · 2011
- Farias v. SimonAppellate Division of the Supreme Court of the State of New York · 2014
- Navarra v. HannonAppellate Division of the Supreme Court of the State of New York · 2021
- Peck v. SzwarcbergAppellate Division of the Supreme Court of the State of New York · 2014
- Vogler v. PerraultAppellate Division of the Supreme Court of the State of New York · 2017
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