Second Department Affirms Finding that Residential Owner of Two-Family Dwelling Was Entitled to Labor Law Exemption

In Sandals v. Shemtov, the plaintiff was injured in a fall from a ladder while painting a fire escape. He commenced an action against the defendant alleging, in part, a violation of Labor Law § 240(1). The premises on which the fire escape was located was classified as a "multiple dwelling." The evidence established, however, that there were only two separate living spaces. Therefore, the Second Department affirmed the finding that the premises qualified as a two-family dwelling for purposes of the homeowner exemption to Labor Law § 240(1). The Court also affirmed dismissal of the plaintiff's Labor Law § 200 claim, finding that the homeowner did not supervise or control the plaintiff's work.