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BARTOO v. BUELL

198 A.D.2d 819 (1993)

605 N.Y.S.2d 992

Philip R. Bartoo, Plaintiff, v. Robert O. Buell, Defendant Dennis E. Pangburn, Plaintiff, v. Robert O. Buell, Defendant Allen Skiver, Jr., et al., Respondents, v. Robert O. Buell, Appellant Robert O. Buell, Third-Party Plaintiff, v. General Roofing & Heating Co., Inc., Third-Party Defendant-Appellant. (Appeal No. 1.)

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

November 19, 1993

Order reversed on the law without costs and motion denied.

Memorandum:

Supreme Court should have denied the motion of plaintiffs Skiver for summary judgment against defendant homeowner on the issue of liability under Labor Law § 240 (1). Under the facts of this case, defendant was entitled to the statutory exemption accorded to owners of one- and two-family dwellings under Labor Law § 240 (1) and § 241 (6) (see, Cannon v Putnam

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