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LOPEZ v. DAGAN

108754/08, 6685, 6686, 6687.

98 A.D.3d 436 (2012)

949 N.Y.S.2d 671

2012 NY Slip Op 5999

FREDY LOPEZ, Respondent-Appellant, v. RAFAEL DAGAN et al., Appellants-Respondents, and GOLDSTEIN & ASSOCIATES, Respondent, et al., Defendant.

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

Decided August 21, 2012.

The owners made a prima facie showing of their entitlement to judgment as a matter of law under the homeowner's exemption of Labor Law §§ 240(1) and 241(6). It is undisputed that the sole purpose of the construction work was to convert a multiple dwelling into a one-family dwelling for the owners' use (Stejskal v Simons, 3 N.Y.3d 628, 629 [2004]). The owners also submitted evidence, including their contract with the general...

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