Homeowners’ Exception to the Rescue
Michael J. Shields, Esq.
Partner at McCormick & Priore, P.C., keeping you updated on recent developments in New York’s Labor Law. Focused on litigation including New York's Labor Law, premises liability and automobile accidents.
First Department Affirms Dismissal of Labor Law Claims Against Homeowners
Finally, some positive news about housing in New York.
In a recent decision, the Appellate Division, First Department unanimously affirmed a Supreme Court, Bronx County decision that granted the defendants’ motion for summary judgment to dismiss plaintiff’s Labor Law §§ 240(1) and 241(6), as well as plaintiff’s Labor Law § 200 and common-law negligence causes of action.?
Procedural Posture & Facts:
In Jagdeo v. Borden House Condominium, 2025 NY Slip op 00786, plaintiff was injured when a co-worker, who was on a ladder installing metal “Z” clips, dropped the clips on plaintiff’s head while they were working on a renovation project of a single-family apartment in a condominium building.? Plaintiff was not wearing a hard hat.
In its decision, the Supreme Court, Bronx County dismissed plaintiff’s complaint as to the single-family homeowners, noting the homeowner’s exception to the Labor Law.? The First Department agreed, noting that the defendant homeowners established that they owned the apartment through their responsive pleadings and their deposition testimony, and showing that they did not direct or control the plaintiff’s work.? Hearsay evidence submitted by plaintiff that one of the homeowners gave plaintiff’s supervisor’s instructions was insufficient to raise a triable issue of fact.
Commentary:
Just a straightforward example of the homeowners’ exception in action.? The trick here, as a defendant, is to be sure that you establish that you did not direct or control the plaintiff’s work.? Additionally, be sure to conduct an analysis of whether the defendant is utilizing the premises for commercial purposes, as that will bring them outside of the homeowners’ exception to the Labor Law.
Links:
The Jagdeo decision can be found here.
Check out additional News & Insights from McCormick & Priore, P.C. here.
For additional information, contact Phil Priore and/or Michael J. Shields, Esq.
This article was prepared by McCormick & Priore, P.C. to provide information on recent legal developments of interest to our readers.? This publication is in no way intended to provide legal advice or to create an attorney-client relationship.? All Rights Reserved. This article may not be reprinted without the express written permission of McCormick & Priore, P.C.