McDONAGH v. ABRAHAMSEN


256 A.D.2d 317 (1998)

682 N.Y.S.2d 612

JAMES McDONAGH, Appellant, v. TORA ABRAHAMSEN, Individually and as Administrator of the Estate of ANDY ABRAHAMSEN, Deceased, et al., Respondents.

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

Decided December 7, 1998.


Ordered that the order is affirmed, with costs.

The plaintiff failed to establish that the defendants supervised or controlled the manner and method of the work performed by him pursuant to the parties' oral construction contract. Thus, the Supreme Court correctly found that, as the owners of one- and two-family dwellings, the defendants are exempt from the provisions of Labor Law §§ 240 and 241 and are not liable to the plaintiff for the alleged violations...

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