DINEEN v. RECHICHI

No. 1267 CA 09-00764

70 A.D.3d 81 (2009)

888 N.Y.S.2d 834

2009 NY Slip Op 8306

ROBERT DINEEN, Appellant, v. DANIEL RECHICHI et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided November 13, 2009.


Attorney(s) appearing for the Case

Pulos and Rosell, LLP, Hornell (William W. Pulos of counsel), for appellant.

Jaeckle Fleischmann & Mugel, LLP, Buffalo (Beverley S. Braun of counsel), for respondents.

CENTRA, J.P., FAHEY, CARNI and GORSKI, JJ., concur.


OPINION OF THE COURT

PERADOTTO, J.

In this appeal, we are asked to determine whether Daniel Rechichi and Christine Rechichi (defendants) are entitled to the exemption from liability afforded to owners of one-and two-family dwellings under Labor Law § 240 (1) and § 241 (6) where plaintiff seeks damages for injuries he sustained while repairing a barn on defendants' property, which did not contain a single-family dwelling at the time of the accident...

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