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Adams v. Benderson Development Co., Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 30, 1994
207 A.D.2d 1024 (N.Y. App. Div. 1994)

Opinion

September 30, 1994

Appeal from the Supreme Court, Erie County, Gorski, J.

Present — Denman, P.J., Pine, Balio, Callahan and Davis, JJ.


Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred insofar as it denied the motion of 1210 Colvin Avenue, Inc. (defendant) for summary judgment dismissing the complaint. Defendant established, as a matter of law, that it was plaintiff's employer (see, Perez v. Tru-Fit Mfg. Co., 152 A.D.2d 461, 463). An employee may not bring a common-law action against her employer in its capacity as the owner of property where a job-related injury occurred (Billy v. Consolidated Mach. Tool Corp., 51 N.Y.2d 152, 158; Jackson v. Tivoli Towers Hous. Co., 176 A.D.2d 918).


Summaries of

Adams v. Benderson Development Co., Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 30, 1994
207 A.D.2d 1024 (N.Y. App. Div. 1994)
Case details for

Adams v. Benderson Development Co., Inc.

Case Details

Full title:MARIE ADAMS, Respondent, v. BENDERSON DEVELOPMENT CO., INC., et al.…

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

Date published: Sep 30, 1994

Citations

207 A.D.2d 1024 (N.Y. App. Div. 1994)
617 N.Y.S.2d 108

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