Order, Supreme Court, Bronx County (Sallie ManzanetDaniels, J.), entered May 16, 2007, which, insofar as appealed from as limited by the briefs, granted defendants’ motion for summary judgment dismissing plaintiffs’ causes of action under Labor Law § 240 (1) and § 241 (6) as against defendants Demetrios Mamaes and Amanda Mamaes, and denied plaintiffs’ cross motion for summary judgment on their cause of action under Labor Law § 240 (1) as against the same defendants, unanimously affirmed, without costs.
Plaintiffs were painting the exterior of defendants’ single family home when the scaffold on which they were standing collapsed. Defendant Amanda Mamaes is the mother of defendants Demetrios Mamaes and Eetros Mamaes. In or about 1981, the Mamaes family, including the sons’ father and their grandmother, moved into the house. Following the deaths of the father and grandmother, defendants lived in the house together until in or about 2002, at which time Amanda entered a nursing home and Demetrios got married and moved out. Before entering the nursing home, Amanda transferred title to her sons and retained a life tenancy. Eetros has remained in the house until the present and maintains it. Although Demetrios has a joint ownership interest with Eetros, Eetros does not pay rent to Demetrios. Nor does Eetros obtain any kind of income from the property. It was Eetros who hired plaintiffs’ employer to paint the house in 2005. While plaintiffs appear to acknowledge that all three defendants satisfy the ownership prong of the one- and two-family dwelling exemption in the Labor Law, they argue that the exemption does not apply to Amanda and Demetrios