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PASCARELL v. KLUBENSPIES

56 A.D.3d 742 (2008)

CHRISTOPHER PASCARELL, Appellant, v. MARILYN KLUBENSPIES, Respondent.

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

November 25, 2008.

Ordered that the order is affirmed, with costs.

An owner of a one- or two-family dwelling is exempt from liability under Labor Law §§ 240 and 241 unless he or she directed or controlled the work being performed (see Roach v Hernandez, 38 A.D.3d 743, 744 [2007]; Ramirez v Begum, 35 A.D.3d 578 [2006]; Small v Gutleber, 299 A.D.2d 536

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