Casas v. 559 Warren Street Realty Corp.

Decision Date30 January 1995
Citation622 N.Y.S.2d 105,211 A.D.2d 742
PartiesWilliam CASAS, Respondent, v. 559 WARREN STREET REALTY CORP., Appellant (and a third-party action). William CASAS, Respondent, v. 95 BERGEN STREET REALTY, Appellant (and a third-party action).
CourtNew York Supreme Court — Appellate Division

Rebore, Thorpe & Pisarello, P.C., Lindenhurst (Paul W. Thorpe, Jr., of counsel), for appellants.

Rosenberg, Minc & Armstrong, New York City (Gary Silverstein, of counsel), for respondent.

Before SULLIVAN, J.P., and ROSENBLATT, ALTMAN, HART and FRIEDMANN, JJ.

MEMORANDUM BY THE COURT.

In two related actions to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Garry, J.), dated June 2, 1993, which denied the defendants' motion for summary judgment dismissing the plaintiff's two complaints and granted the plaintiff's cross motion to strike the defendants' affirmative defenses of Workers' Compensation.

ORDERED that the order is affirmed, with costs.

The plaintiff, an employee of Lone Star Construction Corp. (hereinafter Lone Star), was injured twice, while working at 559 Warren Street in Brooklyn and while working at 95 Bergen Street in Brooklyn. He collected Workers' Compensation benefits from his employer and then commenced a personal injury action against 559 Warren Street Realty Corp., the owner of the premises at 559 Warren Street, and another action against 95 Bergen Street Realty Corp., the owner of the premises at 95 Bergen Street (hereinafter the corporate defendants). Jonathan Harrison Holman was an officer, director, and the sole shareholder of Lone Star and was the sole shareholder of one of the corporate defendants and a principal shareholder of the other. The corporate defendants moved for summary judgment dismissing the actions on the ground that recovery was barred by the Workers' Compensation Law and the plaintiff cross-moved to strike the corporate defendants' Workers' Compensation defenses. The Supreme Court denied the motion and granted the cross motion.

Unlike the situations presented in Coppola v. Singer, 211 A.D.2d 744, 621 N.Y.S.2d 924 [decided herewith] and Lapinski v. Gusmar Realty, 211 A.D.2d 762, 622 N.Y.S.2d 104 [decided herewith], the record in this case establishes that the plaintiff was employed solely by Lone Star and that the corporate defendants were separate legal entities from Lone Star and could not be considered the co-employees of the plaintiff. Ac...

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5 cases
  • Haracz v. Cee Jay, Inc.
    • United States
    • New York Supreme Court — Appellate Division
    • June 22, 2010
    ...A.D.2d 546, 547, 745 N.Y.S.2d 704; Richardson v. Benoit's Elec., 254 A.D.2d 798, 799, 677 N.Y.S.2d 855; Casas v. 559 Warren St. Realty Corp., 211 A.D.2d 742, 743, 622 N.Y.S.2d 105). Cee Jay's remaining contention is not properly before this Court. RIVERA, J.P., COVELLO, BALKIN and HALL, JJ., ...
  • Rosenburg v. Angiuli Buick, Inc.
    • United States
    • New York Supreme Court — Appellate Division
    • October 23, 1995
    ...legal entity from Angiuli Dodge, Inc. Accordingly, the defendant is not shielded from tort liability (see, Casas v. 559 Warren St. Realty Corp., 211 A.D.2d 742, 622 N.Y.S.2d 105; Kaplan v. Bayley Seton Hosp., 201 A.D.2d 461, 607 N.Y.S.2d 425; Bernardo v. Melville Indus. Assocs., 148 A.D.2d ......
  • Richardson v. Benoit's Elec., Inc.
    • United States
    • New York Supreme Court — Appellate Division
    • October 2, 1998
    ...Workers' Compensation Law (see, e.g., Rosenburg v. Angiuli Buick, 220 A.D.2d 654, 655, 632 N.Y.S.2d 658; Casas v. 559 Warren St. Realty Corp., 211 A.D.2d 742, 743, 622 N.Y.S.2d 105). Here, as in Buchner v. Pines Hotel, 87 A.D.2d 691, 692, 448 N.Y.S.2d 870, affd. 58 N.Y.2d 1019, 462 N.Y.S.2d......
  • Mattarelliano v. Moish Gas Stations, Inc.
    • United States
    • New York Supreme Court — Appellate Division
    • September 29, 1997
    ...are distinct legal entities (see, Rosenburg v. Angiuli Buick, 220 A.D.2d 654, 655, 632 N.Y.S.2d 658; Casas v. 559 Warren St. Realty Corp., 211 A.D.2d 742, 743, 622 N.Y.S.2d 105) and we do not find that Moish Gas Stations, Inc., may be deemed an alter ego of DeVito Industries, Inc. (see, Don......
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