SUMMARY JUDGMENT GRANTED – LABOR LAW (Homeowner Exemption)

Plaintiff, a laborer injured during the course of a fall from a height on Brownstone construction project, brought claims under the New York State labor Law after he sustained injuries to his neck and back that required surgery.  The project involved the conversion of the premises into a single family residence. Although a Pre-Answer Motion to Dismiss on a “Homeowner’s Exemption” was denied based on the fact that the “owner” of the premises was a “corporation” (Jeffrey K. Van Etten on the initial motion), following the conclusion of Court imposed discovery summary judgment was granted as we successfully countered plaintiff’s argument that defendant was a “sophisticated investor”.