Practice point: The plaintiff allegedly was injured while working for
his employer inside a warehouse leased from the owner of the premises, the
defendant. Following the
accident, the plaintiff applied for and received benefits under the Workers'
Compensation Law from his employer and then he commenced this action seeking damages.The Appellate Division affirmed the denial of the defendant's motion for
summary judgment dismissing the complaint on the ground that the action
is barred by the exclusivity provisions of the Workers' Compensation Law § 11. The defendant failed to
make a prima facie showing of its entitlement to judgment as a matter of
law by establishing that it was an alter ego of, or engaged in a joint
venture with, the plaintiff's employer.
Student note: Since the defendant failed to meet its prima facie
burden, the court did not consider the sufficiency of the papers
submitted in opposition.
Case: Antrobus v. Bernhow Realty, LLC, NY Slip Op 04301 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: Successive motions in the absence of new evidence.
