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BAUTISTA v. ARCHDIOCESE OF N.Y.

23394/14-6448. 6447. 6446.

164 A.D.3d 450 (2018)

84 N.Y.S.3d 47

2018 NY Slip Op 05959

Pedro Bautista, Respondent-Appellant, v. Archdiocese of New York et al., Appellants-Respondents. Archdiocese of New York et al., Third-Party Plaintiffs-Appellants, v. Hughes & Hughes Contracting Corp. et al., Third-Party Defendants.

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

Decided August 30, 2018.

Defendant Catholic Church of Christ the King made a prima facie showing that the accident in which plaintiff was injured falls within the exemption to Labor Law §§ 240 (1) and 241 (6) for "owners of one and two-family dwellings who contract for but do not direct or control the work" (Labor Law §§ 240 [1]; 241). Plaintiff was repairing a detached garage associated with a church rectory used for both residential and church purposes (see Bartoo v Buell...

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