Legal Opinion · Dissent
Amerogen v. Donnini
New York Court of Appeals
Decided June 6, 1991Published
1DissentBellacosa, J.
Remedial legislation was enacted in 1980 (L 1980, ch 670, §§ 1, 2) to ameliorate the harshness and to narrow the scope of the strict liability imposed by Labor Law § 240 (1) and § 241, as interpreted by this Court in Haimes v New York Tel. Co. (46 NY2d 132) and Allen v Cloutier Constr. Corp. (44 NY2d 290, rearg denied 45 NY2d 776). "[O]wners of one and two-family dwellings” who contract for but do not direct or control a contractor’s work were specifically exempted from that strict liability doctrine (Labor Law § 240 [1]; § 241).
Defendant Marsini Donnini owns the one-family dwelling at issue…
2Cases cited9 opinions
- Sega v. State of New YorkNew York Court of Appeals · 1983
- Haimes v. New York Telephone Co.New York Court of Appeals · 1978
- Doctors Council v. New York City Employees' Retirement SystemNew York Court of Appeals · 1988
- Cannon v. PutnamNew York Court of Appeals · 1990
- Alonzo M. v. New York City Department of ProbationNew York Court of Appeals · 1988
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