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KILLIAN v. VESUVIO

253 A.D.2d 480 (1998)

676 N.Y.S.2d 676

William Killian, Appellant, v. John Vesuvio et al., Respondents, et al., Defendants. (And a Third-Party Action.)

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

August 17, 1998

Ordered that the order is affirmed, without costs or disbursements.

Contrary to the plaintiff's contention, the Supreme Court properly awarded summary judgment to the defendant homeowners. An owner of a one- or two-family dwelling is subject to liability under Labor Law §§ 240 or 241 only if the evidence demonstrates that he or she directed or controlled the work being performed (see, Barnes v Lucas, 234 A.D.2d 405

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