Avraham Affri, Appellant v. Yaakov Basch, Respondents

Summary

The New York 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 homeowner exemption under Labor Law §§ 240 and 241, and that the plaintiff failed to raise a triable issue of fact on his Labor Law § 200 and negligence claims. Chief Judge Lippman dissented, arguing that genuine issues of fact existed regarding the defendants’ control.