In what is likely a case of first impression, Supreme Court, Niagara County determined in Zahoransky v. Lissow that the defendant yacht’s fell within the homeowner’s exception to Labor Law sec. 240(1).  The plaintiff was injured when he fell off a ladder while renovating the defendant’s yacht, which was dry-docked.  The defendant successfully argued that the yacht acted like his second home.  Justice Boniello adopted the defendant’s argument, noting the various amenities of the yacht were similar to a home.  He also analyzed several definitions of the term dwelling.

NYCL will monitor this case to see what the Appellate Division, Fourth Department does with this decision on appeal.