Carty v. East 175th St. Hous. Dev. Fund Corp..

• Decision Date: 19 April 2011
• Citation: 921 N.Y.S.2d 237,2011 N.Y. Slip Op. 03111,83 A.D.3d 529
• Parties: Chesney CARTY, Plaintiff–Appellant,v.EAST 175TH STREET HOUSING DEVELOPMENT FUND CORPORATION, Defendant–Respondent.
• Court: New York Supreme Court — Appellate Division

83 A.D.3d 529

921 N.Y.S.2d 237

2011 N.Y. Slip Op. 03111

Chesney CARTY, Plaintiff–Appellant,

v.EAST 175TH STREET HOUSING DEVELOPMENT FUND CORPORATION, Defendant–Respondent.

Supreme Court, Appellate Division, First Department, New York.

April 19, 2011.

Pollack, Pollack, Isaac & De Cicco, New York (Brian J. Isaac of counsel), for appellant.Fumuso, Kelly, DeVerna, Snyder, Swart & Farrell, LLP, Hauppauge (Scott G. Christesen of counsel), for respondent.TOM, J.P., MAZZARELLI, ACOSTA, RENWICK, FREEDMAN, JJ.

Order, Supreme Court, Bronx County (Mary Ann Brigantti–Hughes, J.), entered March 12, 2010, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Since plaintiff's employer and defendant functioned as one company, plaintiff's claims against defendant are barred by Workers' Compensation Law § 11 ( see Hernandez v. Sanchez, 40 A.D.3d 446, 836 N.Y.S.2d 577 [2007]; Ramnarine v. Memorial Ctr. for Cancer & Allied Diseases, 281 A.D.2d 218, 722 N.Y.S.2d 493 [2001]; Anduaga v. AHRC NYC New Projects, Inc., 57 A.D.3d 925, 869 N.Y.S.2d 801 [2008], lv. denied 12 N.Y.3d 707, 879 N.Y.S.2d 53, 906 N.E.2d 1087 [2009] ). The record demonstrates that, while the two entities have separate certificates of incorporation, they share a president and director of finance, financial management, administrative headquarters, an insurance policy, and a common purpose. Moreover, plaintiff's employer is a permanent member of defendant, defendant owns the building in which plaintiff was injured, and has no employees, while plaintiff's employer pays all the building's operating expenses and has employees to operate the facility.

We have considered plaintiff's remaining contentions and find them unavailing.