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Clark v. LeCroy Research Systems, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Mar 28, 1994
202 A.D.2d 620 (N.Y. App. Div. 1994)

Opinion

March 28, 1994

Appeal from the Supreme Court, Rockland County (Lefkowitz, J.).


Ordered that the order dated March 16, 1992, is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that the defendants LeCroy Research Systems, Inc., LeCroy Research Systems Corporation, and LeCroy Corp. were entitled to summary judgment. The evidence demonstrates that LeCroy Corp. was both the employer of the injured plaintiff and the owner of the property on which the accident occurred. Therefore, the plaintiffs' negligence action against LeCroy Corp. is barred by Workers' Compensation Law § 11 (see, Billy v. Consolidated Mach. Tool Corp., 51 N.Y.2d 152). The court also properly found that LeCroy Research Systems, Inc., and LeCroy Research Systems Corporation were not separate, existing, corporate entities at the time of the accident. Rosenblatt, J.P., Ritter, Pizzuto and Altman, JJ., concur.


Summaries of

Clark v. LeCroy Research Systems, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Mar 28, 1994
202 A.D.2d 620 (N.Y. App. Div. 1994)
Case details for

Clark v. LeCroy Research Systems, Inc.

Case Details

Full title:JAMES CLARK et al., Appellants, v. LeCROY RESEARCH SYSTEMS, INC., et al.…

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

Date published: Mar 28, 1994

Citations

202 A.D.2d 620 (N.Y. App. Div. 1994)
609 N.Y.S.2d 648

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