Rossi v. Flying Horse Farm, Inc.

In an action to recover damages for personal injuries, the defendant appeals from so much of an order of the Supreme Court, Orange County (Onofry, J.), dated October 3, 2013, as granted that branch of the plaintiff’s cross motion which was for summary judgment dismissing the tenth affirmative defense, which was based on the homeowner’s exemption from liability under Labor Law §§ 240 (1) and 241 (6), and, sua sponte, directed the dismissal of the ninth affirmative defense, which was based on the recalcitrant worker defense.

Ordered that on the Court’s own motion, the notice of appeal from so…