Legal Opinion

Bartoo v. Buell

New York Court of Appeals

Decided February 13, 1996PublishedCited by 111 opinions

1Opinion of the Court

OPINION OF THE COURT

Ciparick, J.

The issue presented by these separate appeals is whether the homeowner exemption of Labor Law § 240 (1) and § 241 (6) applies to a structure jointly used for residential and commercial purposes. We conclude that defendants, owners of one-family dwellings who did not direct or control the work, are entitled to the protection of the homeowner exemption, notwithstanding the presence of some commercial activity on their properties.

I

A. Bartoo v Buell

Fifty feet from defendant Robert Buell’s residence in Allegany County is a barn in which he stores personal…

2Cases cited6 opinions

  1. Lombardi v. StoutNew York Court of Appeals · 1992
  2. Cannon v. PutnamNew York Court of Appeals · 1990
  3. Amerogen v. DonniniNew York Court of Appeals · 1991
  4. Khela v. NeigerNew York Court of Appeals · 1995
  5. Bartoo v. BuellAppellate Division of the Supreme Court of the State of New York · 1993

1 more not listed; retrieve them via the Exa API.

3Cited by111 opinions

  1. Blake v. Neighborhood Housing Services of New York City, Inc.New York Court of Appeals · 2003
  2. Ortega v. PucciaAppellate Division of the Supreme Court of the State of New York · 2008
  3. Siegmund Strauss, Inc. v. East 149th Realty Corp.New York Court of Appeals · 2012
  4. Ramirez v. BegumAppellate Division of the Supreme Court of the State of New York · 2006
  5. Acosta v. HadjigavrielAppellate Division of the Supreme Court of the State of New York · 2005

106 more not listed; retrieve them via the Exa API.

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