Injury During Renovation Work on a Vacant Dwelling
In Ali v. Olisa (194 AD2d 578), the plaintiff was performing renovation work on a vacant two-family dwelling when injured.
Supreme Court, Kings County, had granted the defendant owner's motion for summary judgment on the ground that the defendant was entitled to the exemption.
The Second Department reversed, finding a triable issue of fact as to the defendant's intended use of the property noting that if the purpose of the renovation was to prepare the house for commercial rental, the exemption did not apply (supra, at 579, citing Lombardi v. Stout, 80 NY2d 290).
In Putnam v. Karaco Indus. Corp. (253 AD2d 457) the Second Department held that when a commercial use is merely incidental to a previously residential use the exemption is available.