We agree with the IAS Court that the applicability of the exemption contained in Labor Law § 240 for owners of one-family and two-family dwellings is established as a matter of law, inasmuch as the home was constructed as a two-family dwelling and only one floor was rented to tenants, with other members of defendants' family residing in other areas of the home. The purpose of the exemption from Labor Law coverage for one-family and two-family homeowners was to make the...
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