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DEL CARMEN DIAZ v. BOCHECIAMP

1351, 302931/07.

140 A.D.3d 408 (2016)

33 N.Y.S.3d 218

2016 NY Slip Op 04305

CAROLINA DEL CARMEN DIAZ, as Administratrix of the Goods, Chattels and Credits of ANGEL QUITO, Deceased, Respondent, v. ELYVAN VASQUEZ BOCHECIAMP et al., Appellants, et al., Defendants.

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

Decided June 2, 2016.

Plaintiff's decedent died after falling to the ground while working on the roof of a house owned by defendants. The sole issue at trial was whether defendants' house was a one- or two-family dwelling subject to the homeowner exemption from liability under Labor Law §§ 240 (1) and 241 (6). We find that the evidence established, as a matter of law, that the house was, at most, a two-family dwelling. Accordingly, defendants...

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