Jose Telmo Morocho was injured while working on a kitchen renovation project when his power saw recoiled and hit him in the face. He later sued Luigia Ricci - the owner of the home - and his employer, Santo Marino, who lived with Ricci's daughter.
After the Westchester County Supreme Court entered a default judgment against Marino, and dismissed the case as against Ricci, an appeal to the Appellate Division, First Department, followed.
Under N.Y. Labor Law -- Section 241(6) -- owners of one- and two-family homes, who don't direct or supervise the work performed on their property, aren't liable for injuries that may occur.
Since Ricci neither "directed nor controlled" Morocho's work, the appellate court was of the view the homeowner was free of any liability.
The AD1 sawed that one in half!
To view a copy of the Appellate Division's decision, please use this link: Morocho v. Marino Enters. Contr. Corp.