Summary
In Di Rie v. Automotive Realty Corp., 199 A.D.2d 98, 605 N.Y.S.2d 60 (1 Dept. 1993), the Court limited its findings to the specific circumstances of that case, in which the property owner and plaintiff's employer were separate legal entities owned by one individual.
Summary of this case from Benitez v. J.P.L. Realty Corp.Opinion
December 14, 1993
Appeal from the Supreme Court, Bronx County (Barry Salman, J.).
Under the circumstances of this case, Workers' Compensation, which plaintiff has recovered from third-party defendant, is plaintiffs' exclusive remedy. Both defendant and third-party defendant are owned by one individual. Though defendant and third-party defendant are separate legal entities, that is not a basis for not limiting plaintiff to Workers' Compensation. Defendant, which has no employees, is controlled by the individual that controls plaintiff's employer (Heritage v Van Patten, 59 N.Y.2d 1017).
Concur — Carro, J.P., Ellerin, Kupferman and Rubin, JJ.