Rivera v. Revzin

Order and judgment unanimously reversed on the law without costs, motion denied and cross motion granted. Memorandum: Supreme Court erred in granting plaintiffs’ motion for partial summary judgment on their cause of action under Labor Law § 240 (1). The court found that defendant, who rented rooms in her single-family home to unrelated persons, made a business use of the premises and thus did not fall within the exception set forth in the statute for "owners of one and two-family dwellings who contract for *897but do not direct or control the work” (Labor Law § 240 [1]). We disagree with the…