PUKAS v. JAVAHERI-NEJAD


209 A.D.2d 395 (1994)

619 N.Y.S.2d 576

Edward Pukas et al., Appellants, v. Kourosh Javaheri-Nejad, Respondent. (And a Third-Party Action.)

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

November 7, 1994


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

At the close of all the evidence, the plaintiffs moved for judgment as a matter of law on the ground that the defendant was not entitled to the exemption under Labor Law § 241 for owners of one-family dwellings who do not direct or control the work. The court properly denied the motion, as the evidence did not establish, as a matter of law, that the defendant directed or controlled the...

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