Mandelos v. Karavasidis

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified, without costs, by denying summary judgment to defendant as to the Labor Law § 240 (1) and § 241 causes of action and, as so modified, affirmed.

The lower courts should not have granted summary judgment, sua sponte on searching the record, to defendant because material issues of fact exist as to whether the subject properties qualified for the Labor Law exception (Labor Law § 240 [1]; § 241).

The record discloses a triable issue of fact, at least regarding the threshold "one- or two-family dwelling”…