Ortega v. Puccia

In Ortega v. Puccia, 2008 NY Slip Op 8350, 57 A.D.3d 54, 866 N.Y.S.2d 323 [2nd Dept 2008], the Court stated that New York Labor Law 240 is intended to protect workers from gravity-related occurrences stemming from the inadequacy or absence of enumerated safety devices. The duties articulated in 240 are nondelegable, and liability is absolute as to the general contractor or owner when its breach of the statute proximately causes injury. It also stated that the language of New York Labor Law 240 (1) expressly exempts owners of one and two-family dwellings who contract for but do not direct or control the work. That exemption is intended to protect residential homeowners lacking in sophistication or business acumen from their failure to recognize the necessity of insuring against the strict liability imposed by statute. It further stated that the statutory phrase direct or control in New York Labor Law 240 is construed strictly and refers to situations where the owner supervises the method and manner of the work.