AMELCO v. BERK

Full title: VINCENT AMELCO et al., Appellants, v. IRVING BERK, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 27, 1993

199 A.D.2d 448 (N.Y. App. Div. 1993)

605 N.Y.S.2d 404

Opinion

December 27, 1993

Appeal from the Supreme Court, Kings County (Vinik, J.).

Ordered that the order is affirmed, with costs.

The defendant is the owner of the facility in which the plaintiff, a coemployee of the defendant, was injured. Under these circumstances, imposing liability upon the defendant pursuant to Labor Law § 241 would be contrary to Workers' Compensation Law § 29 (6), which makes workers' compensation "the exclusive remedy of an employee injured `by the negligence or wrong of another in the same employ'" (Heritage v Van Patten, 59 N.Y.2d 1017, 1019, citing Williams v Hartshorn, 296 N.Y. 49, 50-51). "Regardless of his status as owner of the premises where the injury occurred [Berk] remains a coemployee in his relations with [the injured] plaintiff in all matters arising from and connected with their employment" (Heritage v Van Patten, supra, at 1019). Thompson, J.P., Sullivan, Miller and Santucci, JJ., concur.