The personal injury plaintiff, an HVAC contractor, alleged New York Labor Law claims against our client, alleging that a flying object that struck him created strict liability against the defendant homeowners. BMMP’s William J. Mitchell filed a Motion to Dismiss the complaint, arguing that the defendant homeowners were exempt from such claims. Judge Wayne M. Ozzi agreed, writing that the “uncontroverted evidence” demonstrated that the subject premises “is a one family home constituting defendants’ residence, and that they did not direct or control plaintiff’s work.” The Decision in Overeem v. Jin can be read here
