Bartoo v. Buell

Order reversed on the law without costs and motion denied. Memorandum: Supreme Court erred in granting the motions of plaintiffs Pangburn and Bartoo for summary judgment against defendant homeowner on the issue of liability under Labor Law § 240 (1). The court further erred in denying defendant’s motion for summary judgment to the extent that it sought dismissal of the causes of action contained in the complaints of all plaintiffs that alleged violations of Labor *820Law § 240 (1) and § 241 (6). We conclude that defendant was entitled to the statutory exemption accorded to owners of one- and…