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VALENCIA v. CALERO

5 A.D.3d 254 (2004)

773 N.Y.S.2d 295

LUIS VALENCIA, Appellant, v. ANITA CALERO, Respondent, et al., Defendant.

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

March 18, 2004.

Appellate Term correctly concluded that Calero's entitlement to the exemption from liability set forth in Labor Law § 240 (1) for owners of one-family dwellings who do not direct or control the injury-producing work had been established as a matter of law. That Calero picked out the type and color of paint, indicated to plaintiff the areas that needed painting and purchased rollers, brushes and paint pans, does not demonstrate...

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