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).