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STAMBOULIS v. STEFATOS

256 A.D.2d 328 (1998)

681 N.Y.S.2d 342

PANAGIOTIS STAMBOULIS et al., Appellants-Respondents, v. JAMES STEFATOS et al., Defendants and Third-Party Plaintiffs-Respondents. PROTO CONSTRUCTION, INC., Third-Party Defendant-Respondent-Appellant.

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

Decided December 7, 1998.

Ordered that the cross-appeal is dismissed as academic, without costs or disbursements; and it is further,

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

For an owner of a one or two-family residential dwelling to be liable under Labor Law §§ 240 and 241, the plaintiff must prove that the owner "directed or controlled" the manner in which the work is performed (Labor Law §§ 240, 241 [6];

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