Yelland v. Weissman

In Yelland v. Weissman (177 AD2d 874) the owners of a single-family dwelling had resided there for two years, moved to a new residence, and were renting the dwelling to tenants when the accident at issue occurred. The Appellate Division found that the owners were entitled to avail themselves of the exemption, distinguishing Van Amerogen v. Donnini on the following grounds: "Unlike Van Amerogen, defendants here purchased the property for use as a residence and used it as such for two years. Upon moving to a new home they rented the property to a single family who, in turn, used it as a one-family dwelling. Under those circumstances, it cannot be said that defendants have used their one-family dwelling entirely and solely for commercial purposes. Indeed, holding that the mere rental of a dwelling excludes owners from protection of the exception would be contrary to the predictably envisioned second prong of the exception where an owner of a two family dwelling resides in one part and rents the remainder to another family." (177 AD2d, supra, at 875.)