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BARTOO v. BUELL

87 N.Y.2d 362 (1996)

662 N.E.2d 1068

639 N.Y.S.2d 778

Philip R. Bartoo, Appellant, v. Robert O. Buell, Respondent. Dennis E. Pangburn, Appellant, v. Robert O. Buell, Respondent. Allen Skiver, Jr., et al., Appellants, v. Robert O. Buell, Defendant and Third-Party Plaintiff-Respondent. General Roofing & Heating Co., Inc., Third-Party Defendant-Respondent. Thomas F. Anderson, Appellant, v. Mary Flanagan, Respondent.

Court of Appeals of the State of New York.

Decided February 13, 1996.

Attorney(s) appearing for the Case

Embser & Woltag, P. C., Wellsville (G. William Gunner of counsel), for appellants in the first and second above-entitled actions.

Dwyer & Black, P. C., Olean (Joseph C. Dwyer of counsel), for appellants in the third above-entitled action.

Alfred J. Heilman, Rochester, for appellant in the fourth above-entitled action.

Shane & Franz, Olean (J. Michael Shane of counsel), for respondent in the first and second above-entitled actions and for defendant and third-party plaintiff-respondent in the third above-entitled action.

Chamberlain, D'Amanda, Oppenheimer & Greenfield, Rochester (Henry R. Ippolito of counsel), for third-party defendant-respondent in the third above-entitled action.

Zicari, McConville, Cooman, Morin & Welch, P. C., Rochester (Kevin S. Cooman, John J. Considine, Jr., and J. Michael Wood of counsel), for respondent in the fourth above-entitled action.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and LEVINE concur.

CIPARICK, J.

The issue presented by these separate appeals is whether the homeowner exemption of Labor Law § 240 (1) and § 241 (6) applies to a structure jointly used for residential and commercial purposes. We conclude that defendants, owners of one-family dwellings who did not direct or control the work, are entitled to the protection of the homeowner exemption, notwithstanding the presence of some...

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