Opinion
14048 Index No. 23487/17E Case No. 2020-04710
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.
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.
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, 921 N.Y.S.2d 237 [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, 139 N.Y.S.3d 166 [1st Dept. 2020] ; see also Thompson v. Grumman Aerospace Corp., 78 N.Y.2d 553, 578 N.Y.S.2d 106, 585 N.E.2d 355 [1991] ).