Pascarell v. Klubenspies

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Rockland County (Nelson, J.), dated January 30, 2007, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

An owner of a one- or two-family dwelling is exempt from liability under Labor Law §§ 240 and 241 unless he or she directed or controlled the work being performed (see Roach v Hernandez, 38 AD3d 743, 744 [2007]; Ramirez v Begum, 35 AD3d 578 [2006]; Small v Gutleber, 299 AD2d 536, 537 [2002]). The…