Opinion
November 13, 2000.
Appeal from Order of Supreme Court, Erie County, Flaherty, J. — Summary Judgment.
PRESENT: HAYES, J. P., SCUDDER, KEHOE AND LAWTON, JJ.
Order unanimously affirmed without costs.
Memorandum:
Supreme Court properly granted defendant's motion for summary judgment dismissing the complaint. Defendant met her burden of establishing that she is exempt from liability under the homeowner's exception set forth in Labor Law § 240 (1) and § 241 (6) ( see generally, Lombardi v. Stout, 80 N.Y.2d 290, 296-297). We have considered plaintiffs' remaining contention and conclude that it lacks merit.