Marcano v. Hailey Development Group, LLC

Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered October 22, 2013, which granted defendant Mark LaSala’s motion for summary judgment dismissing the complaint as against him, unanimously affirmed, without costs.

Defendant Mark LaSala established that he was entitled to the exemption for “owners of one and two-family dwellings who contract for but do not direct or control the work” (Labor Law § 241 [6]). LaSala never instructed plaintiff plumber on how to cut the pipe nor did he provide the pipe or the chop saw that plaintiff was using at the time of his accident (see Chambers v…