Legal Opinion

Cannon v. Putnam

New York Court of Appeals

Decided October 23, 1990PublishedCited by 116 opinions

1Opinion of the Court

*646OPINION OF THE COURT

Titone, J.

Labor Law § 240 (1) and § 241, which impose certain nondelegable safety duties upon "contractors^] owners and their agents,” specifically exempt "owners of one and two-family dwellings who contract for but do not direct or control the work.” In this appeal, we are asked to consider the scope of this exemption and, in particular, the degree to which it is available when the work relates to property used for both residential and commercial purposes. We hold that, under the circumstances of this case, where the commercial activities were housed in structures that…

2Cases cited3 opinions

  1. Haimes v. New York Telephone Co.New York Court of Appeals · 1978
  2. Long v. Forest-FehlhaberNew York Court of Appeals · 1982
  3. L. SMIRLOCK REALTY CORP. v. Title Guarantee Co.New York Court of Appeals · 1984

3Cited by116 opinions

  1. Blake v. Neighborhood Housing Services of New York City, Inc.New York Court of Appeals · 2003
  2. Ortega v. PucciaAppellate Division of the Supreme Court of the State of New York · 2008
  3. Bartoo v. BuellNew York Court of Appeals · 1996
  4. Amerogen v. DonniniNew York Court of Appeals · 1991
  5. Baba-Ali v. StateNew York Court of Appeals · 2012

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