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CHAMBERS v. TOM

Nos. 7699, 309351/08.

95 A.D.3d 666 (2012)

944 N.Y.S.2d 142

2012 NY Slip Op 3937

WAYNE CHAMBERS, Appellant, v. ROBERT TOM et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 22, 2012.

Defendant established his entitlement to judgment as a matter of law. Defendant submitted evidence showing that he fell within the exemption from liability pursuant to Labor Law § 241(6), as an owner of the one-family dwelling who contracted for, but did not direct or control the subject work. Defendant's instructions to plaintiff and his employer were limited to indicating generally where the wood should be installed. Plaintiff...

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