Avraham Affri, Appellant v. Yaakov Basch, Respondents

Summary

The Court of Appeals affirmed the Appellate Division, holding that the defendants did not exercise sufficient direction and control over the plaintiff's work to defeat the one‑ or two‑family dwelling exemption in Labor Law §§ 240 and 241, and therefore summary judgment was proper. Chief Judge Lippman dissented, arguing that genuine issues of fact existed regarding the defendants' control.