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DOMIGUEZ v. BARSALIN, LLC

5747N. 161738/14.

158 A.D.3d 532 (2018)

68 N.Y.S.3d 705

2018 NY Slip Op 01147

RAMON DOMIGUEZ, Appellant, v. BARSALIN, LLC, et al., Respondents. (And a Third-Party Action.)

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

Decided February 15, 2018.

The Shtainers established entitlement to judgment as a matter of law pursuant to the homeowner exception to Labor Law §§ 240 (1) and 241 (6). Defendants showed that they were never at the residence while it was under demolition/construction, had no role in the work, and intended to use the premises as a family vacation home (see Del Carmen Diaz v Bocheciamp, 140 A.D.3d 408 [1st Dept 2016]; Patino v Drexler,

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