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URQUIZA v. PARK AND 76TH ST., INC.

158295/13, 590917/13, 9318N, 590134/14, 9318NA, 5901180/14, 595081/14, 595287/17, 9317, 9316.

172 A.D.3d 518 (2019)

2019 NY Slip Op 03744

Antonio Urquiza et al., Respondents, v. Park and 76th St., Inc., et al., Defendants, Mary L. Carpenter et al., Appellants, and Nordic Custom Builders Inc., Respondent. Antonio Urquiza et al., Respondents, v. Park and 76th St., Inc., et al., Defendants, and Nordic Custom Builders Inc., Appellant. Nordic Custom Builders Inc., Third Third-Party Appellant, v. Stephen Gamble, Inc., Third Third-Party Defendant-Respondent. Antonio Urquiza et al., Respondents, v. Park and 76th St., Inc., et al., Defendants, and Mary L. Carpenter et al., Appellants. (and Third-Party Actions.)

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

Decided May 14, 2019.

The homeowners' exemption to liability under Labor Law §§ 240 (1) and 241 (6) is clearly applicable here where defendant owners Edmund and Mary Carpenter did not direct or control the work in their cooperative apartment that they intended to use for personal use (see Affri v Basch, 13 N.Y.3d 592, 595-596 [2009]; Domiguez v Barsalin, LLC, 158 A.D.3d 532...

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