Legal Opinion
Ortizv. Pena
Appellate Division of the Supreme Court of the State of New York
Decided May 21, 1996PublishedCited by 3 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Luis Gonzalez, J.), entered April 17, 1995, which inter alia, granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
We agree with the IAS Court that the applicability of the exemption contained in Labor Law § 240 for owners of one-family and two-family dwellings is established as a matter of law, inasmuch as the home was constructed as a two-family dwelling and only one floor was rented to tenants, with other members of defendants’ family residing in other areas of the home. The purpose of the…
2Cases cited3 opinions
- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
- Cannon v. PutnamNew York Court of Appeals · 1990
- Pesa v. GinsbergAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by3 opinions
- Rothschild v. Faber Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Garcia v. MartinAppellate Division of the Supreme Court of the State of New York · 2001
- Saeteros v. FerreiraAppellate Division of the Supreme Court of the State of New York · 1998