Second Department Holds That Single-Family Homeowner, Who Provided Plaintiff's Equipment, Not Liable Under Labor Law

In DiMaggio v. Cataletto, the plaintiff's ladder slipped and fell while he was power washing the roof of a single family residence owned by the defendant.  The defendant established that the "homeowner's exemption" to Labor Law 240(1) applied, as she did not supervise or control the plaintiff's work.  The Court noted that the defendant did not lose the exemption simply because she provided the plaintiff with the ladder, bleach and a hose.  Likewise, the plaintiff's section 200 claim was dismissed on the basis that the defendant did not supervise or control the plaintiff's work, and did not create or have knowledge of any alleged condition that caused his injuries.