From Casetext: Smarter Legal Research

Lovario v. Vuotto

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1999
266 A.D.2d 191 (N.Y. App. Div. 1999)

Opinion

Submitted September 10, 1999

November 1, 1999

Parker Waichman (DiJoseph, Portegello Schuster, New York, N Y [Arnold E. DiJoseph III] of counsel), for appellants.

FRED T. SANTUCCI, J.P., DANIEL W. JOY, WILLIAM D. FRIEDMANN, GLORIA GOLDSTEIN, JJ.


DECISION ORDER

In an action to recover damages for personal injuries, etc. the plaintiffs appeal from an order of the Supreme Court, Kings County (Rappaport, J.), dated October 29, 1998, which granted the defendants' motion for summary judgment dismissing the complaint on the ground that the action is barred by Workers' Compensation Law § 29(6).

ORDERED that the order is affirmed, without costs or disbursements.

The Supreme Court properly granted the motion of the defendant Nicola Vuotto for summary judgment dismissing the complaint pursuant to Workers' Compensation Law § 29(6). The plaintiff is an employee of Oceanside Steel and Supply, Inc., while Vuotto is both the president and 100% shareholder of that corporation. Vuotto was also the owner of the property upon which the plaintiff was performing work and was injured. However, a worker, such as the plaintiff, who is injured during the course of his employment, cannot maintain an action to recover damages for personal injuries against the owner of the premises where the accident occurred when the owner is also an officer of the corporation that employed the worker (see, Stephan v. Stein, 226 A.D.2d 364 ).

SANTUCCI, J.P., JOY, FRIEDMANN, and GOLDSTEIN, JJ., concur.


Summaries of

Lovario v. Vuotto

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1999
266 A.D.2d 191 (N.Y. App. Div. 1999)
Case details for

Lovario v. Vuotto

Case Details

Full title:ALBERTO LOVARIO, et al., appellants, v. NICOLA VUOTTO, etc., et al.…

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

Date published: Nov 1, 1999

Citations

266 A.D.2d 191 (N.Y. App. Div. 1999)
697 N.Y.S.2d 685