Buchner v. Pines Hotel, Inc.

Decision Date23 March 1983
Citation448 N.E.2d 1347,462 N.Y.S.2d 436,58 N.Y.2d 1019
Parties, 448 N.E.2d 1347 Barry BUCHNER, Respondent, v. PINES HOTEL, INC., Appellant.
CourtNew York Court of Appeals Court of Appeals
OPINION OF THE COURT MEMORANDUM.

The order of the Appellate Division, 87 A.D.2d 691, 448 N.Y.S.2d 870, should be affirmed, with costs, and the certified question answered in the negative.

The defendant contends that it was engaged in a joint venture with plaintiff's employer. It therefore raises section 11 of the Workers' Compensation Law as an affirmative defense claiming this statute provides plaintiff's sole remedy. However, the factual finding below was that the parties did not intend to create a joint venture and that indeed none was created. Because the affirmed finding on this point is supported by the record it may not be set aside by this court.

COOKE, C.J., and JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS, JJ., concur in memorandum.

Order affirmed, etc.

To continue reading

Request your trial
19 cases
  • Mallis v. Bankers Trust Co.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • September 1, 1983
    ...45 (1958); see Buchner v. Pines Hotel, Inc., 87 A.D.2d 691, 692, 488 N.Y.S.2d 870 (3d Dep't 1982), aff'd mem., 58 N.Y.2d 1019, 462 N.Y.S.2d 436, 448 N.E.2d 1347 (1983); Demian, Ltd. v. Charles A. Frank Associates, 671 F.2d 720, 723 (2d Cir.1982). The testimony at the trial and the March 3, ......
  • Volb v. G.E. Capital Corp.
    • United States
    • New Jersey Supreme Court
    • January 24, 1995
    ...N.Y.S.2d 833, 834-35 (1989); Buchner v. Pines Hotel, Inc., 87 A.D.2d 691, 448 N.Y.S.2d 870, 871-72 (1982), aff'd, 58 N.Y.2d 1019, 462 N.Y.S.2d 436, 437, 448 N.E.2d 1347 (1983); Samaras v. Gatx Leasing Corp., 75 A.D.2d 890, 428 N.Y.S.2d 48, 49 (1980); Hearn v. Petra Int'l Corp., 710 P.2d 769......
  • Fuller v. KFG Land I, LLC, 12350
    • United States
    • New York Supreme Court — Appellate Division
    • December 29, 2020
    ..." ( Longshore, 304 A.D.2d at 965, 759 N.Y.S.2d 204, quoting Buchner v. Pines Hotel, 87 A.D.2d 691, 692, 448 N.Y.S.2d 870 [1982], affd 58 N.Y.2d 1019, 462 N.Y.S.2d 436, 448 N.E.2d 1347 [1983] ).That principle should equally apply here.I now turn to the question of whether plaintiff was engag......
  • Morales v. 10th Street, LLC, 2009 NY Slip Op 32121 (N.Y. Sup. Ct. 9/17/2009)
    • United States
    • New York Supreme Court
    • September 17, 2009
    ...from common-law tort liability. See Buchner v. Pines Hotel, Inc., 87 A.D.2d 691, 448 N.Y.S.2d 870 (3rd Dept. 1982), aff'd, 58 N.Y.2d 1019, 462 N.Y.S.2d 436 (1983). Mr. Weiner's testimony as to the structure of the companies is insufficient to establish the existence of an alter-ego relation......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT