Opinion
11135 Index 23789/16E
02-25-2020
Efrain RODRIGUEZ, Plaintiff–Appellant, v. DAIRYLAND HP, LLC, Defendant–Respondent.
Law Office of Ryan S. Goldstein, PLLC, Bronx (Ryan Seth Goldstein of counsel), for appellant. Weber Gallagher Simpson Stapleton Fires & Newby LLP, New York (Shawn D. Wagner of counsel), for respondent.
Law Office of Ryan S. Goldstein, PLLC, Bronx (Ryan Seth Goldstein of counsel), for appellant.
Weber Gallagher Simpson Stapleton Fires & Newby LLP, New York (Shawn D. Wagner of counsel), for respondent.
Renwick, J.P., Mazzarelli, Moulton, Gonza´lez, JJ.
Order, Supreme Court, Bronx County (Fernando Tapia, J.), entered March 4, 2019, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
The motion court correctly determined that plaintiff's claims against defendant are barred by Workers' Compensation Law § 11 (see Morato–Rodriguez v. Riva Constr. Group, Inc., 88 A.D.3d 549, 931 N.Y.S.2d 282 [1st Dept. 2011] ; Hernandez v. Sanchez, 40 A.D.3d 446, 447, 836 N.Y.S.2d 577 [1st Dept. 2007] ). Whether plaintiff was employed by nonparties Chef's Warehouse (CW) or Dairyland USA Corp. (USA) at the time of the accident, defendant demonstrated that it was the alter ego of both of those entities. Among other things, defendant and USA were wholly-owned subsidiaries of CW; defendant had no employees, was exclusively managed by USA, and had a common CEO with both CW and USA; and all three entities utilized common administrative, financial and insurance resources. Furthermore, CW procured and paid the premiums for all insurance policies, including workers' compensation benefits covering its subsidiaries, including USA and defendant (see Morato–Rodriguez 88 A.D.3d at 549, 931 N.Y.S.2d 282 ).