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RAMIREZ v. HANSUM

Index No. 20657/19E. Appeal No. 15347. Case No. 2021-01395.

202 A.D.3d 605 (2022)

159 N.Y.S.3d 832

2022 NY Slip Op 01131

Cesar A. Ramirez Ramirez, Appellant, v. Nathalie Hansum et al., Respondents, et al., Defendants.

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

Decided February 22, 2022.

Attorney(s) appearing for the Case

Alexander T. Shapiro & Associates, P.C., Brooklyn (Alexander T. Shapiro of counsel) for appellant.

Wade Clark Mulcahy LLP, New York (Tristan George Montaque of counsel), for respondents.

Concur— Renwick, J.P., Kennedy, Scarpulla, Rodriguez, Higgitt, JJ.

Plaintiff was injured when he fell from a ladder while performing work on the roof of a single-family house owned by defendants Nathalie and Michael Hansum. Plaintiff commenced this action alleging violations of Labor Law §§ 240(1); 241(6) and 200, and common-law negligence.

The Labor Law §§ 240(1) and 241(6) claims were properly dismissed. Under the homeowner exemption of Labor Law §§ 240(1) and 241(6), "owners of one and two-family...

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