Opinion
November 3, 1994
Appeal from the Supreme Court, New York County (Harold Tompkins, J.).
Workers' Compensation is an exclusive remedy as a matter of substantive law (see, e.g., Acevedo v. Consolidated Edison Co., 189 A.D.2d 497, lv dismissed 82 N.Y.2d 748). Here, the record demonstrates plaintiff was a volunteer employee of defendant, a not-for-profit corporation, which had prior to her accident elected to bring its employees under the coverage of the Workers' Compensation Law (Workers' Compensation Law § 3 [Group 19]; see, Monteleone v. Center Stor. Warehouses, 68 N.Y.S.2d 369, 371-372). Contrary to plaintiff's contention, no material issue of fact exists concerning non-coverage. That plaintiff identified another entity, the charitable foundation, as an employer does not affect the determination (see, Bonacci v. Treffiletti Supermarkets, 205 A.D.2d 907, 908).
Concur — Sullivan, J.P., Rosenberger, Ross, Asch and Tom, JJ.