Kaplan v. Bayley Seton Hosp.

• Decision Date: 07 February 1994
• Citation: 201 A.D.2d 461,607 N.Y.S.2d 425
• Parties: Deborah KAPLAN, et al., Respondents, v. BAYLEY SETON HOSPITAL, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 425

607 N.Y.S.2d 425

201 A.D.2d 461

Deborah KAPLAN, et al., Respondents, v.BAYLEY SETON HOSPITAL, Appellant.

Supreme Court, Appellate Division Second Department.

Feb. 7, 1994.

Morris, Duffy, Alonso & Marulli, New York City(Robert Coppersmith, of counsel), for appellant.

Robert A. Flaster, P.C., New York City, for respondents.

Before MANGANO, P.J., and BALLETTA, O'BRIEN, HART and FLORIO, JJ.

MEMORANDUM BY THE COURT.

In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Richmond County(Sangiorgio, J.), dated October 4, 1991, which denied its motion for summary judgment dismissing the complaint and granted the plaintiffs' cross motion to strike the affirmative defense of the Workers' Compensation Law.

ORDERED that the order is affirmed, with costs.

The plaintiffDeborah Kaplan was injured on January 20, 1988, when she allegedly fell in premises owned and operated by Bayley Seton Hospital (hereinafter Bayley Seton).At the time of her injury, she was on her way to work at a psychiatric facility which was operated by St. Vincent's Medical Center of Richmond (hereinafter St. Vincent's).The St. Vincent's facility was located in the Bayley Seton building.Both hospitals were owned by the Sisters of Charity Health Care Corporation, a not-for-profit corporation.However, the two hospitals were individual corporations, which filed separate income tax returns, had separate budgets, and were thus separate legal entities.The record clearly indicates that at the time of the accident, the plaintiff was employed solely by St....