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STEJSKAL v. SIMONS

3 N.Y.3d 628 (2004)

816 N.E.2d 186

782 N.Y.S.2d 397

IVO STEJSKAL et al., Appellants, v. ALBERT SIMONS III et al., Respondents. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided June 24, 2004.

Attorney(s) appearing for the Case

Profeta & Eisenstein, New York City (Fred R. Profeta, Jr., of counsel), for appellants.

DeCicco, Gibbons & McNamara, P.C., New York City (Dennis A. Breen of counsel), for respondents.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs. The evidence unequivocally demonstrated that the sole purpose of the construction work was to convert what was a multiple dwelling into a one-family dwelling for the owners' use. Thus, defendant owners were entitled to avail themselves of the one- or two-family homeowner's exemption provided in Labor Law § 240 (1) and § 241 (see Khela v Neiger...

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