Opinion
No. 2008-00364.
December 30, 2008.
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Schneier, J.), dated November 19, 2007, which denied that branch of its motion which was for summary judgment dismissing the complaint on the ground that the action is barred by the exclusivity provisions of the Workers' Compensation Law.
Jones Hirsch Connors Bull P.C., New York, N.Y. (Richard Imbrogno and Charles E. O'Bryan of counsel), for Appellant.
Eaton Torrenzano, LLP, Brooklyn, N.Y. (Jay Torrenzano of counsel), for Respondent.
Before: Rivera, J.P., Lifson, Miller and Eng, JJ., concur. [ See 18 Misc 3d 405.]
Ordered that the order is reversed, on the law, with costs, and that branch of the defendant's motion which was for summary judgment dismissing the complaint is granted.
The plaintiff was injured in a workplace accident and was awarded workers' compensation benefits. Under the circumstances of this case, the Supreme Court should have granted that branch of the defendant's motion which was for summary judgment dismissing the complaint on the ground that the action was barred by the exclusively provisions of the Workers' Compensation Law. The defendant is an alter ego of the plaintiff's employer NYSARC, Inc., such that the plaintiff is relegated to her remedy of workers' compensation benefits ( see Ortega v Noxxen Realty Corp., 26 AD3d 361, 362; Crespo v Pucciarelli, 21 AD3d 1048, 1049; Ramnarine v Memorial Ctr. for Cancer Allied Diseases, 281 AD2d 218, 219).