Van Amerogen v. Donnini

Levine, J. (dissenting).

We respectfully dissent. Rarely is the meaning of statutory language entirely free from doubt so as to obviate all resort to legislative history or rules of construction, and the exemption from Labor Law liability for "owners of one and two-family dwellings” is no exception. The Legislature failed to define what is meant in referring to one- or two-family dwellings. By prior case law, it has been construed by this court to be limited to structures used exclusively for residential purposes (Zahn v Pauker, 107 AD2d 118, 121). And, in the instant case, the language has,…