Opinion
January 30, 1995
Appeal from the Supreme Court, Nassau County (Burke, J.).
Ordered that the appeal from the order dated March 8, 1993, is dismissed, as that order was superseded by the order dated September 8, 1993, made upon reargument; and it is further,
Ordered that the order dated September 8, 1993, is reversed insofar as reviewed, on the law, the order dated March 8, 1993, is vacated, the defendants' motion for summary judgment is granted, and the complaint is dismissed; and it is further,
Ordered that the appellants are awarded one bill of costs.
A plaintiff injured during the course of his or her employment cannot maintain an action to recover damages for personal injuries against the owner of the premises upon which the accident occurred when, as here, the owner is also an officer of the corporation that employed the plaintiff (see, e.g., Heritage v. Van Patten, 59 N.Y.2d 1017; Druiett v. Brenner, 193 A.D.2d 644; Clarke v. Americana House, 186 A.D.2d 530; Ozarowski v. Yaloz Realty Corp., 181 A.D.2d 763). The Workers' Compensation award which the plaintiff applied for and received is her exclusive remedy (see, Workers' Compensation Law § 29). Sullivan, J.P., Rosenblatt, Altman, Hart and Friedmann, JJ., concur.