As noted in Parnell v. Mareddy, a decision that was handed down by New York's Appellate Division, Second Department on January 26, in order to receive the protection of the homeowners' exemption, a homeowner has to satisfy two prongs required by the statutes (see Chowdhury v Rodriguez, 57 AD3d 121, 126). First, a homeowner has to show that the work was conducted at a dwelling that is a residence for only one or two families (see Labor Law §§ 240; 241; Chowdhury v Rodriguez, 57 AD3d at 126); second, the homeowners must demonstrate that they did not "direct or control the work" (Chowdhury v Rodriguez, 57 AD3d at 126-127, quoting Labor Law §§ 240; 241).
In this particular case, it was undisputed that the work was performed at the homeowners' one-family dwelling, and that they did not control or direct the work being performed (presumably, and although the decision does not clarify this particular point, this was done by a contractor). Consequently, the Appellate Division reversed the trial court's holding, and dismissed the plaintiff's claims that were brought pursuant to §§240(1), 241(6) and 241-a [Protection of workmen in or at elevators, shaftways, hatchways and stairwells].
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