Gernstl v. Edwards

Order unanimously affirmed with costs. Memorandum: Defendants appeal from an order that granted partial summary judgment to plaintiff under Labor Law §§ 240 and 241 and denied defendants’ cross motion to dismiss plain*967tiffs complaint. The primary issue on appeal is the scope of the statutory exemption from strict liability under sections 240 and 241 of the Labor Law for owners of one- and two-family dwellings. Supreme Court found that defendants were not exempt from strict liability. We agree.

Defendants are the owners of a commercial dairy farm and reside in a single-family dwelling thereon.…