McADAM v. SADLER


170 A.D.2d 960 (1991)

John T. McAdam, Respondent, v. Gerald Sadler, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 1, 1991


Order insofar as appealed from unanimously reversed on the law without costs, motion granted and complaint dismissed.

Memorandum:

Plaintiff's claim pursuant to Labor Law § 240 (1) should have been dismissed. Owners of one-family homes who contract for but do not "direct or control" the work are exempt from the duty imposed by the statute (see, Cannon v Putnam, 76 N.Y.2d 644). The evidence submitted in...

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