Umanzor v. Charles Hofer Painting & Wallpapering, Inc.

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Weber, J), dated January 19, 2006, as granted the motion of the defendants Charles Hofer and Wendy Lopez for summary judgment dismissing the complaint insofar as asserted against them and denied that branch of his cross motion which was for summary judgment against those defendants pursuant to Labor Law § 240 (1).

Ordered that the order is affirmed insofar as appealed from, with costs.

Labor Law § 240 (1) “imposes a nondelegable duty and absolute liability upon owners or contractors for failing to provide safety devices necessary for protection to workers subject to the risks inherent in elevated work sites who sustain injuries proximately caused by that failure” (Jock v Fien, 80 NY2d 965 , 967-968 [1992]). Owners of one-or two-family dwellings, however, are exempt from liability under Labor Law §§ 240 and 241 unless they directed or controlled the work being performed (see Bartoo v Buell, 87 NY2d 362 , 367 [1996]; Cannon v Putnam, 76 NY2d 644 [1990]). “The exception was enacted to protect those people who, lacking business sophistication, would not know or anticipate the need to obtain insurance to cover them against the absolute liability” (Milan v Goldman, 254 AD2d 263 [1998]).