184 A.D.2d 828 | N.Y. App. Div. | 1992
Appeal from an order of the Supreme Court (Viscardi, J.), entered September 20, 1991 in Saratoga County, which, inter alia, granted defendant’s motion for summary judgment dismissing the complaint.
Plaintiff and his co-worker, Steven Pincher, agreed to furnish labor to scrape, prime and paint portions of the roof and flashing on defendant’s premises in the City of Saratoga Springs, Saratoga County. Defendant paid for the materials and provided a ladder while plaintiff and Pincher supplied drop cloths and tools. During the afternoon of August 24, 1987, the first day of work, plaintiff lost his balance and fell from the roof. He commenced this action against defendant to recover damages for his personal injuries alleging violations of Labor Law §§ 200 and 240. Supreme Court held that defendant was entitled to the exemption afforded owners of one and two-family dwellings under Labor Law § 240 (1) and that any unsafe condition giving rise to the cause of action under Labor Law § 200 was inherent in the circumstances and could readily have been observed and appreciated by plaintiff. The court therefore granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiff’s cross motion for summary judgment.
Nor do we find merit in plaintiff’s contention that by offering a general explanation of the job requirements and providing a ladder and a broom to plaintiff and Pincher, defendant assumed control and direction of the methods and manner of the work sufficient to deny him protection of the exemption (see, Rimoldi v Schanzer, 147 AD2d 541, 545). A homeowner does not direct and control the work on a project for purposes of Labor Law § 240 by presenting ideas and suggestions, making observations and inquiries, and inspecting the work (see, e.g., Danish v Kennedy, 168 AD2d 768, 769; Sotire v Buchanan, 150 AD2d 971, 972; see also, Reyes v Silfies, 168 AD2d 979, 980; Schwartz v Foley, 142 AD2d 635, 636, lv denied 73 NY2d 702). There is no proof in this record that defendant’s control over plaintiff’s work was different from the type of control any homeowner has over work being performed on his or her house. This kind of concern and interest in the successful completion of the job did not rise to the level required to establish supervision, direction or control and is hardly uncommon for the ordinary homeowner. Under the circumstances in this case, defendant was entitled to the exemption under Labor Law § 240 (1) as a matter of law (see, Sarvis v Maida, 173 AD2d 1019, 1021).
We further find that Supreme Court was correct in dismissing plaintiff’s Labor Law § 200 cause of action. As previously noted, the record supports a finding that defendant neither supervised nor controlled the performance of the work, nor had knowledge of any hazard not inherent in the very work being performed (see, Gasper v Ford Motor Co., 13 NY2d 104, 110, amended 13 NY2d 893; see also, Rapp v Zandri Constr. Corp., 165 AD2d 639). The statute does not require "an owner
Yesawich Jr., Crew III, Casey and Harvey, JJ., concur. Ordered that the order is affirmed, with costs.