Farruggia v. Town of Penfield

I respectfully dissent in part, because I disagree with the majority’s conclusion that defendant Town of Penfield (Town) is not an “owner” for the purposes of Labor Law §§ 240 (1) and 241 (6). I therefore would affirm the order insofar as it denied that part of the Town’s motion for summary judgment dismissing those causes of action against it. As the majority rightly notes, “the term ‘owner’ is not limited to the titleholder of the property where the accident occurred and encompasses a person ‘who has an interest in the property and who fulfilled the role of owner by contracting to have work…