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BARNES v. LUCAS

234 A.D.2d 405 (1996)

650 N.Y.S.2d 803

George E. Barnes et al., Appellants, v. John Lucas et al., Defendants and Third-Party Plaintiffs-Respondents. Collins Tree Services, Third-Party Defendant-Respondent

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

December 16, 1996

Ordered that the order and judgment (one paper) is affirmed, with costs.

For the owners of a one- or two-family residential dwelling to be liable for damages for personal injuries under Labor Law § 240 (1), the plaintiffs must prove that they directed or controlled the work performed (see, Labor Law § 240 [1]). This has been interpreted to mean that the owners must have supervised the method and manner of the work (see, Kolakowski v Feeney...

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