McAdam v. Sadler
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order insofar as appealed from unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Plaintiff’s claim pursuant to Labor Law § 240 (1) should have been dismissed. Owners of one-family homes who contract for but do not "direct or control” the work are exempt from the duty imposed by the statute (see, Cannon v Putnam, 76 NY2d 644). The evidence submitted in support of defendant’s motion for summary judgment established that defendant, who owns a one-family home and entered into a contract with plaintiff’s employer to install vinyl siding, did not…
2Cases cited7 opinions
- Cannon v. PutnamNew York Court of Appeals · 1990
- Gasper v. Ford Motor Co.New York Court of Appeals · 1963
- Reyes v. SilfiesAppellate Division of the Supreme Court of the State of New York · 1990
- Sofia v. CarlucciAppellate Division of the Supreme Court of the State of New York · 1986
- Daoust v. PalmenteriAppellate Division of the Supreme Court of the State of New York · 1985
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- McGrath v. Lake Tree Village AssociatesAppellate Division of the Supreme Court of the State of New York · 1995
- Valentia v. GiustoAppellate Division of the Supreme Court of the State of New York · 1992
- Douglas v. BecksteinAppellate Division of the Supreme Court of the State of New York · 1994
- Patterson v. PasaAppellate Division of the Supreme Court of the State of New York · 1994
- Vincent v. IndustriesAppellate Division of the Supreme Court of the State of New York · 1991
5 more not listed; retrieve them via the Exa API.