MAYEN v. KALTER


282 A.D.2d 508 (2001)

722 N.Y.S.2d 760

HECTOR MAYEN, Respondent, v. MOSHE KALTER et al., Appellants, and IDI CONSTRUCTION COMPANY, INC., Respondent. (And a Third-Party Action.)

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

Decided April 9, 2001.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint and all cross claims are dismissed insofar as asserted against the appellants.

In order for an owner of a one- or two-family residential dwelling to be subject to liability under Labor Law §§ 240 or 241, the plaintiff must prove that the owner "direct[ed] or control[led]" the work being performed (see, Labor Law §§ 240, 241; Kelly v Bruno...

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