Diaz v. Bocheciamp (2016)

In this wrongful death action a Bronx County jury determined that our clients were the owners of a three-family home which subjected them to absolute liability on Labor Law § 240(1).  On appeal, the Appellate Division, First Department reversed the trial court’s refusal to set the jury’s verdict aside and dismissed the action in its entirety. The Appellate Division adopted our argument that grandparents sharing their home with their grandchildren, daughter and family friend were not the type of homeowners that are covered by Labor Law § 240(1).