Opinion
Argued December 2, 1999
December 27, 1999
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from (1) an order of the Supreme Court, Nassau County (Davis, J.), dated October 28, 1998, which granted the defendants' motion for summary judgment dismissing the complaint, and (2) so much of an order of the same court, dated December 21, 1998, as, in effect, upon reargument, adhered to the original determination.
Robert H. Weiss and Associates, P.C. (Sweetbaum Sweetbaum, Lake Success, N.Y. [Marshall D. Sweetbaum] of counsel), for appellants.
Rebore, Thorpe Pisarello, P.C., Farmingdale, N.Y. (William Pisarello of counsel), for respondents.
LAWRENCE J. BRACKEN, J.P., DANIEL W. JOY, GLORIA GOLDSTEIN, ANITA R. FLORIO, JJ.
DECISION ORDER
ORDERED that the appeal from the order dated October 28, 1998, is dismissed, as that order was superseded by the order dated December 21, 1998, made upon reargument; and it is further,
ORDERED that the order dated December 21, 1998, is affirmed insofar as appealed from; and it is further,
ORDERED that the respondents are awarded one bill of costs.
The defendants made out a prima facie case for summary judgment, and the plaintiffs did not submit evidence establishing the existence of a material issue of fact. The plaintiffs failed to establish that the defendants controlled, directed, or supervised the work that the plaintiff Michael Falco performed on the defendants' home. Therefore, the defendants are entitled to the statutory homeowner exemption afforded under Labor Law §§ 240(1) and 241(6) (see, Diltz v. Bowman, 246 A.D.2d 623, 624 ). Furthermore, the plaintiff Michael Falco was injured by a dangerous condition that he created himself (see, Comes v. New York State Elec. Gas Corp., 82 N.Y.2d 876, 877-878 ; Lombardi v. Stout, 80 N.Y.2d 290, 295 ).
BRACKEN, J.P., JOY, GOLDSTEIN, and FLORIO, JJ., concur.