Saeteros v. Ferreira

Full title: ARTURO SAETEROS et al., Appellants, v. DORIS FERREIRA et al., Respondents

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 28, 1998

256 A.D.2d 566 (N.Y. App. Div. 1998)

682 N.Y.S.2d 885

Opinion

December 28, 1998

Appeal from the Supreme Court, Queens County (Price, J.).

Ordered that the judgment is affirmed, with costs.

Contrary to the plaintiffs' contentions, the Supreme Court properly granted the defendants' motion for judgment as a matter of law ( see, CPLR 4401; Szczerbiak v. Pilat, 90 N.Y.2d 553, 556). Based on the evidence presented at the trial, no rational trier of fact could determine that the house in question was not a one-family or two-family dwelling. Therefore, the defendants were exempt from liability pursuant to Labor Law § 240 Lab. ( see, Khela v. Neiger, 85 N.Y.2d 333; Ortiz v. Pena, 227 A.D.2d 297).

Bracken, J. P., Ritter, Copertino and Florio, JJ., concur.