Khela v. Neiger, 85 N.Y.2d 333 (1995)

The homeowner’s exemption in Labor Law § 241, which exempts owners of one- and two-family dwellings from certain safety standards, should be read into Labor Law § 241-a when the site and purpose of the work are solely connected with residential use, not commercial enhancement.

Summary

This case concerns whether the homeowner’s exemption in Labor Law § 241 applies to § 241-a, specifically when a three-family dwelling is being converted into a two-family dwelling. The plaintiff, an employee of a construction company, was injured during the conversion of the defendant’s building. The Court of Appeals held that the homeowner’s exemption should be read into § 241-a because both sections address building construction safety and share a similar purpose. Furthermore, the court found that the site and purpose of the construction were solely connected with residential remodeling, entitling the homeowner to the exemption. The case was remitted for further proceedings.

Facts

Defendant Neiger purchased a three-story, three-apartment building. He contracted with A.T.G. Construction to convert it into a two-family dwelling and build a three-story wing. Neiger planned to live on the upper two floors and rent out the ground floor. Plaintiff Khela, an A.T.G. employee, fell through an uncovered stairwell opening while working on the third floor of the new wing, sustaining injuries.

Procedural History

The trial court initially determined the building was a two-family dwelling and dismissed the plaintiffs’ Labor Law claims, reading the homeowner’s exemption into section 241-a. The Appellate Division reversed, granting partial summary judgment to the plaintiffs on the issue of liability under Labor Law § 241-a. The Court of Appeals reversed the Appellate Division’s decision.

Issue(s)

Whether the homeowner’s exemption specified in Labor Law § 241 should be read into Labor Law § 241-a.

Holding

Yes, because sections relating to the same subject matter are deemed to be in para materia and construed together. Also, the rationale behind the homeowner’s exemption applies equally to section 241-a.

Court’s Reasoning

The Court reasoned that Labor Law §§ 241 and 241-a are similar in purpose, both addressing building construction, demolition, and repair work. Since § 241-a sets out a general safety standard but doesn’t specify who is governed by it, reference must be made to § 241 to determine that the standard applies to