Opinion
2021-03819 Index 23487/17E
06-15-2021
James Sorge, Plaintiff-Appellant, v. Sharp Management Corporation, et al., Defendants-Respondents, "John Doe" Said Name Being Fictitious and Unknown, et al., Defendants. Appeal No. 14048 No. 2020-04710
Burns & Harris, New York (Jason S. Steinberg of counsel), for appellant. Morrison Mahoney LLP, New York (Demi Sophocleous and Saige A. Subick of counsel), for respondents.
Burns & Harris, New York (Jason S. Steinberg of counsel), for appellant.
Morrison Mahoney LLP, New York (Demi Sophocleous and Saige A. Subick of counsel), for respondents.
Before: Manzanet-Daniels, J.P., Gische, Oing, Shulman, JJ.
Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered on or about June 22, 2020, which granted defendants Sharp Management Corporation, 2886 Briggs Realty LLC (Sharp/Briggs), and Steven Melowsky's motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.
Defendants demonstrated conclusively that this action is barred by Workers' Compensation Law § 11 (see Carty v East 175th St. Hous. Dev. Fund Corp., 83 A.D.3d 529 [1st Dept 2011]). They submitted evidence, unrebutted by plaintiff, that Sharp / Briggs operated as one integrated entity, were directed by common management, jointly shared a human resources department and jointly held the Workers' Compensation insurance policy that paid plaintiff's claim. The unrebutted evidence further established that plaintiff, despite his paychecks having been issued by StaffPro, a human resources, payroll management, and employer services organization, was Sharp/Briggs' special employee (see Fuller v KFG Land I, LLC, 189 A.D.3d 666, 668-670 [1st Dept 2020]; see also Thompson v Grumman Aerospace Corp., 78 N.Y.2d 553 [1991]).