Kaplan v. Bayley Seton Hosp.

Decision Date07 February 1994
Citation201 A.D.2d 461,607 N.Y.S.2d 425
PartiesDeborah KAPLAN, et al., Respondents, v. BAYLEY SETON HOSPITAL, Appellant.
CourtNew York Supreme Court — Appellate Division

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 plaintiff Deborah 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. Vincent's. Although the two hospitals were financially interrelated and provided the same group insurance coverage, these facts are insufficient to shield Bayley Seton from tort liability (see, Bernardo v. Melville Indus. Assoc., 148 A.D.2d 486, 538 N.Y.S.2d 833; Samaras v. Gatx Leasing Corp., 75 A.D.2d 890, 428 N.Y.S.2d 48; Buchner v. Pines Hotel, 87 A.D.2d 691, 448 N.Y.S.2d 870, affd 58 N.Y.2d 1019, 462 N.Y.S.2d 436, 448 N.E.2d 1347).

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4 cases
  • Saldivar v. Lawrence Dev. Realty, LLC
    • United States
    • New York Supreme Court — Appellate Division
    • May 15, 2012
    ...were not alter egos of one another ( see Rosenburg v. Angiuli Buick, 220 A.D.2d 654, 655, 632 N.Y.S.2d 658;Kaplan v. Bayley Seton Hosp., 201 A.D.2d 461, 461–462, 607 N.Y.S.2d 425;cf. Buckmann v. State of New York, 64 A.D.3d 1137, 881 N.Y.S.2d 760;Longshore v. Davis Sys. of Capital Dist., 30......
  • Rosenburg v. Angiuli Buick, Inc.
    • United States
    • New York Supreme Court — Appellate Division
    • October 23, 1995
    ...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 486, 538 N.Y.S.2d 833; Bruno v. Dynamic Enters., 132 A.D.2d 964, ......
  • Fontus v. D & J School Bus
    • United States
    • New York Supreme Court — Appellate Division
    • April 13, 1998
    ...the defendants' fifth affirmative defense (see, Rosenburg v. Angiuli Buick, 220 A.D.2d 654, 632 N.Y.S.2d 658; Kaplan v. Bayley Seton Hosp., 201 A.D.2d 461, 607 N.Y.S.2d 425). O'BRIEN, J.P., and RITTER, THOMPSON, FRIEDMANN and GOLDSTEIN, JJ., ...
  • Jerry Miller Associates, Inc. v. Ganger
    • United States
    • New York Supreme Court — Appellate Division
    • February 7, 1994

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