In Lombardi v. Stout (80 NY2d 290) the plaintiff was working for a contract vendee on property being purchased for commercial residential rental. The property was subsequently rented to two families. The Court of Appeals held that the defendant could not avail himself of the exemption stating "the exception is not applicable ... if his purpose in making renovations was to prepare the house for commercial rental" (80 NY2d, supra, at 297).