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AFFRI v. BASCH

No. 159

13 N.Y.3d 592 (2009)

2009 NY Slip Op 8673

894 N.Y.S.2d 370

AVRAHAM AFFRI, Appellant, v. YAAKOV BASCH et al., Respondents.

Court of Appeals of New York.

Decided November 24, 2009.

Attorney(s) appearing for the Case

Pollack Pollack Isaac & De Cicco, New York City (Brian J. Isaac, Joshua Brian Erwin and Jillian Rosen of counsel), for appellant.

Hodges Walsh & Slater, LLP, White Plains (Paul E. Svensson of counsel), for respondents.

Judges GRAFFEO, READ and SMITH concur with Judge PIGOTT; Chief Judge LIPPMAN dissents and votes to reverse in a separate opinion in which Judges CIPARICK and JONES concur.

OPINION OF THE COURT

PIGOTT, J.

The issue before us is whether defendants exercised sufficient direction and control over plaintiff's work to overcome the one- or two-family dwelling exception found in Labor Law §§ 240 and 241. We hold that they did not and therefore affirm the order of the Appellate Division.

Defendants hired plaintiff, a neighbor who had previously done small jobs for them, to perform renovations to an apartment within...

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