New York Court of Appeals
Herbert Van Amerogen, Jr. v. Samuel Donnini
June 6, 199178 N.Y.2d 880
Summary
The Court reversed the Appellate Division and denied the defendants’ motion for summary judgment, holding that the statutory exemption from Labor Law §§ 240 and 241 does not extend to owners who use a one‑ or two‑family dwelling solely as a commercial rental property. The majority reasoned that legislative intent was to protect non‑sophisticated homeowners and that commercial use falls outside the class the exemption was meant to cover. Justice Bellacosa dissented, arguing that the plain meaning of the statute does not impose a commercial‑use limitation.