Di Rie v. Automotive Realty Corp.

Decision Date14 December 1993
Citation605 N.Y.S.2d 60,199 A.D.2d 98
PartiesAndrew DI RIE, et al., Plaintiffs-Appellants, v. AUTOMOTIVE REALTY CORP., Defendant-Respondent .
CourtNew York Supreme Court — Appellate Division

Before CARRO, J.P., and ELLERIN, KUPFERMAN and RUBIN, JJ.

MEMORANDUM DECISION.

Order, Supreme Court, Bronx County (Barry Salman, J.), entered September 16, 1992, which granted defendant/third-party plaintiff's motion for summary judgment, unanimously affirmed, without costs.

Under the circumstances of this case, Workers' Compensation, which plaintiff has recovered from third-party defendant, is plaintiffs' exclusive remedy. Both defendant and third-party defendant are owned by one individual. Though defendant and third-party defendant are separate legal entities, that is not a basis for not limiting plaintiff to Workers' Compensation. Defendant, which has no employees, is controlled by the individual that controls plaintiffs' employer (Heritage v. Van Patten, 59 N.Y.2d 1017, 466 N.Y.S.2d 958, 453 N.E.2d 1247).

To continue reading

Request your trial
9 cases
  • Buchwald v. 1307 Porterville Rd., LLC
    • United States
    • New York Supreme Court — Appellate Division
    • April 27, 2018
    ...254 A.D.2d at 799, 677 N.Y.S.2d 855 ). Both defendant and Fox Run had the same individual owner (see Di Rie v. Automotive Realty Corp., 199 A.D.2d 98, 98, 605 N.Y.S.2d 60 [1st Dept. 1993] ), reported their taxes on the same tax return (cf. Salcedo v. Demon Trucking, Inc., 146 A.D.3d 839, 84......
  • Kittay v. Moskowitz
    • United States
    • New York Supreme Court — Appellate Division
    • May 3, 2012
    ...HRI ( see Ramnarine v. Memorial Ctr. for Cancer & Allied Diseases, 281 A.D.2d 218, 722 N.Y.S.2d 493 [2001];Di Rie v. Automotive Realty Corp., 199 A.D.2d 98, 605 N.Y.S.2d 60 [1993] ). HRI did not waive its Workers' Compensation Law defense ( see Murray v. City of New York, 43 N.Y.2d 400, 407......
  • 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
    ...248 (2nd Dept. 1992), Coppolla v. Singer, 211 A.D.2d 744, 621 N.Y.S.2d 924 (2nd Dept. 1995) and DiRie v. Automotive Realty Corp., 199 A.D.2d 98, 605 N.Y.S.2d 60 (1st Dept. 1993). Defendant further urges, based on the testimony of one Louis Weiner, that plaintiff is barred from maintaining t......
  • Ramnarine v. Mem. Ctr. Cancer and Allied Diseases
    • United States
    • New York Supreme Court — Appellate Division
    • March 13, 2001
    ...legal entities does not preclude a finding that an employee is limited to benefits under the Workers' Compensation Law (Di Rie v Automotive Realty Co., 199 A.D.2d 98). It is settled that, for statutory purposes, an employee may have more than one employer (Bradford v Air La Carte, 79 A.D.2d......
  • 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