Emmi v. Emmi
Plaintiff Anthony Emmi commenced this action to recover for injuries he sustained when he fell from a scaffold while working on the construction of the defendant’s house. His wife, Natalie Emmi, sought damages in a derivative action. The IAS Court initially granted partial summary judgment to the plaintiffs on the issue of the defendant’s liability under Labor Law § 240 and Workers’ Compensation Law § 11. The appellate court found that the defendant homeowner’s extensive involvement in the construction project, acting as a general contractor and overseeing the entire project, precluded him from the one and two-family dwelling exception to strict liability under Labor Law § 240. However, the court also determined that the plaintiff’s employment was not covered under the Workers’ Compensation Law because the defendant was not carrying on a business for pecuniary gain. Therefore, the order was modified to remove liability under Workers' Compensation Law § 11.