KHELA v. NEIGER


85 N.Y.2d 333 (1995)

648 N.E.2d 1329

624 N.Y.S.2d 566

Basem Khela et al., Respondents, v. Aaron Neiger, Defendant and Third-Party Plaintiff. A.T.G. Construction, Inc., Third-Party Defendant-Appellant, et al., Third-Party Defendant.

Court of Appeals of the State of New York.

Decided March 30, 1995.


Attorney(s) appearing for the Case

Herzfeld & Rubin, P. C., New York City (David B. Hamm, Herbert Rubin and Linda M. Brown of counsel), and Raymond C. Green for third-party defendant-appellant.

Alexander J. Wulwick, New York City, and Talisman, Rudin & Eskenazi, P. C., Mineola, for respondents.

Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.


Chief Judge KAYE.

By this appeal we are asked to determine whether the exemption specified in Labor Law § 241 for owners of one- and two-family dwellings applies to section 241-a (which has no express exemption), and we are asked to determine this legal question in a case where a three-family dwelling was being converted to a two-family dwelling. We conclude that the owner is entitled to the exemption.<...

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