Murphy v. Sawmill Construction Corp.

• Decision Date: 11 April 2005
• Docket Number: 2004-01013.
• Citation: 792 N.Y.S.2d 616,2005 NY Slip Op 02812,17 A.D.3d 422
• Parties: RORY MURPHY et al., Appellants-Respondents, v. SAWMILL CONSTRUCTION CORP., Respondent, and PERRY QUARANTI et al., Respondents-Appellants.
• Court: New York Supreme Court — Appellate Division

17 A.D.3d 422

792 N.Y.S.2d 616

2005 NY Slip Op 02812

RORY MURPHY et al., Appellants-Respondents, v. SAWMILL CONSTRUCTION CORP., Respondent, and PERRY QUARANTI et al., Respondents-Appellants.

2004-01013.

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 11, 2005.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Rockland County (Nelson, J.), dated January 14, 2004, as, upon renewal and reargument, adhered to its original determination in an order dated June 26, 2003, granting that branch of the motion of the defendants Perry Quaranti, Grace Ann Quaranti, and Quaranti Installations which was for summary judgment dismissing the causes of action alleging violations of Labor Law § 240 (1) and § 241 (6) insofar as asserted against them, and the defendants Perry Quaranti and Grace Ann Quaranti cross-appeal, as limited by their notice of appeal and brief, from so much of the same order,

as, upon reargument, adhered to its original determination in the order dated June 26, 2003, denying that branch of their prior motion made jointly with the defendant Quaranti Installations, which was for summary judgment dismissing the causes of action alleging common-law negligence and violations of Labor Law § 200 insofar as asserted against them.

Ordered that the order is modified, on the law, by deleting the provision thereof, upon reargument, adhering to the original determination in the order dated June 26, 2003, granting that branch of the motion of the defendants Perry Quaranti, Grace Ann Quaranti, and Quaranti Installations which was for summary judgment dismissing the causes of action alleging violations of Labor Law § 240 (1) and § 241 (6) insofar as asserted against the defendants Perry Quaranti and Grace Ann Quaranti and substituting therefor a provision, upon reargument, vacating that portion of the order dated June 26, 2003, and denying that branch of the motion; as so modified, the order dated January 14, 2004, is affirmed insofar as appealed and cross-appealed from, with costs payable by the defendants Perry Quaranti and Grace Ann Quaranti to the plaintiffs, and the causes of action alleging violations of Labor Law § 240 (1) and § 241 (6) are reinstated insofar as asserted against the defendants Perry Quaranti and Grace Ann Quaranti.

The plaintiff Rory Murphy was injured when, while performing renovations, he fell from the roof of a home that the defendants Perry Quaranti and Grace Ann Quaranti rented and had contracted to buy. Along with his wife, the injured plaintiff thereafter sued Perry, Grace Ann, and Quaranti Installations, a trade name Perry used in connection with his plumbing business (hereinafter collectively the Quarantis), asserting causes of action alleging common-law negligence, and violations of Labor Law §§ 200, 240 (1), and § 241 (6).

The Quarantis moved for summary judgment, inter alia, dismissing the causes of action alleging violations of Labor Law § 240 (1) and § 241 (6) insofar as asserted against them, claiming, inter alia, that Perry and Grace Ann were entitled to the homeowner's exemption contained in those provisions, and thus were...