Van Amerogen v. Donnini

In Van Amerogen v. Donnini (78 NY2d 880), the owners of a one-family dwelling who had continuously rented the premises to college students were not afforded the benefit of the exemption. The Court found "no basis for concluding that [the] exemption should be expanded to encompass homeowners who use their one or two-family premises entirely and solely for commercial purposes and who hardly are lacking in sophistication or business acumen such that they would fail to recognize the necessity to insure against the strict liability imposed by the statute" (Van Amerogen v. Donnini, 78 NY2d, supra, at 882).