New York's Cooperative and Condominium Community

Habitat Magazine July/August 2020 free digital issue

HABITAT

BOARD OPERATIONS

HOW CO-OP/CONDO BOARDS OPERATE

All Fall Down: How Labor Law 240, the 'Scaffold Law,' Even Applies Indoors

C. Jaye Berger in Board Operations on April 9, 2013

New York City

April 9, 2013

The statute applies to "all contractors and owners and their agents, except owners of one- and two-family dwellings who contract for but do not direct or control the work...." The exception for owners of one- and two-family dwellings is known as the "Homeowner Exemption." The term "one-family dwellings" has been interpreted by the courts to include co-op apartments. The catch is that these owners cannot "direct or control the work." What that means is open to interpretation. 

The same reasoning

has not been applied

to condominium buildings

Co-op shareholders who like to give a lot of orders and are very involved in the day-to-day details of the work in their apartment renovations will find it harder to be let out of such cases, since the plaintiff will be claiming that they directed and controlled the work. Shareholders who have more traditional roles where they have architects communicating with the contractor and just comment on aesthetic issues will have an easier time when the attorneys file motions to be dismissed from the lawsuit.

Language in the contracts between shareholders and their contractors can be helpful in establishing this, so consult an attorney. 

The co-op can also be sued under this law as an owner. However, the same reasoning has not been applied to condominium buildings for injuries to workers in an individual unit, even when they retain the right to review plans.

 

C. Jaye Berger, Esq., is the principal of Law Offices C. Jaye Berger.

For more, see our Site Map or join our Archive >>

Ask the Experts

learn more

Learn all the basics of NYC co-op and condo management, with straight talk from heavy hitters in the field of co-op or condo apartments

Professionals in some of the key fields of co-op and condo board governance and building management answer common questions in their areas of expertise

Source Guide

see the guide

Looking for a vendor?