Last week, the New York Court of Appeals granted leave to appeal in Affri v. Basch. As what can be discerned from the terse Appellate Division decision, the issue surrounds the homeowner's exception to Labor Law sec. 240(1). The exception protects owners of one- or two-family homeowners from sec. 240(1) who contract but do not direct or control the work giving rise to a gravity-related injury.
Affri seems to concern whether the homeowners' aesthetic decisions and general supervisory work regarding the project precluded them from enjoying the homeowner's exception.
New York Civil Law will keep you apprised as this appeal develops.
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