Langdon v. WEN Management Co.

• Decision Date: 06 February 1989
• Citation: 147 A.D.2d 450,537 N.Y.S.2d 603
• Parties: Elizabeth LANGDON, etc., Appellant, v. WEN MANAGEMENT CO. et al., Respondents.
• Court: New York Supreme Court — Appellate Division

Page 603

537 N.Y.S.2d 603

147 A.D.2d 450

Elizabeth LANGDON, etc., Appellant, v. WEN MANAGEMENT CO. et al., Respondents.

Supreme Court, Appellate Division,

Second Department.

Feb. 6, 1989.

Stock & Osborn, Mineola, (Thomas A. Osborn and Willard F. Miller, of counsel), for appellant.

Lester Schwab Katz & Dwyer, New York City (Steven B. Prystowsky and Eric A. Portuguese, of counsel), for respondents.

Before BRACKEN, J.P., and LAWRENCE, KUNZEMAN and KOOPER, JJ.

MEMORANDUM BY THE COURT.

In an action to recover damages for personal injuries, etc., the plaintiff appeals from an order of the Supreme Court, Queens County (Joy, J.), dated November 24, 1987, which granted the defendants' motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

On August 6, 1982, Joseph Langdon sustained severe head injuries as the result of a fall from a ladder he was descending into the boiler room of his workplace, an apartment complex known as Astoria Gardens. He died 17 days later from the injuries suffered in the fall.

The Workers' Compensation Board (hereinafter the Board), in a decision filed May 9, 1983, awarded the decedent's widow, the plaintiff, one week of disability benefits, 39 weeks of death benefits and funeral expenses. The Board's decision concluded that the defendant Elizabeth and Gregory Associates, the property owner, was the decedent's employer. The award was expressly made without prejudice and subject to apportionment.

The plaintiff commenced the instant action against Elizabeth and Gregory Associates and WEN Management Company, as the parties which allegedly maintained, supervised and controlled the premises where the accident had occurred. The plaintiff's notice to admit contained, inter alia, statements that on the date of the accident, the decedent was an employee of the defendant WEN Management Co. and an employee of the defendant Elizabeth and Gregory Associates (hereinafter Associates).

The defendants admitted that the decedent was an employee of Associates but denied that he was an employee of WEN Management Company. The plaintiff urged that the decedent's employer was WEN Management Company and requested that the Board review the issue of the identity of the decedent's employer. The Board concluded that that issue should be litigated and a hearing was conducted at which a Board referee concluded that Associates was the decedent's employer. The insurance carrier for Associates was subsequently granted Board review of the referee's determination. The Board subsequently determined that a "general/special" employment relationship existed between WEN Management Company and Associates on the date of the accident and therefore both entities were equally liable for the payment of benefits.

The defendants then moved pursuant to CPLR 3212 and Workers' Compensation Law §§ 11 and 29(6) for summary judgment dismissing the complaint against them. The Supreme Court granted the motion, concluding, inter alia, that the determination of the Workers' Compensation Board as to the identity of the decedent's employer must be given collateral estoppel effect in the pending action. We agree.

It is well settled that collateral estoppel, or issue preclusion, may be invoked in a subsequent action to prevent a party from relitigating an issue decided against that party in a prior adjudication (see, Ryan v. New York Tel. Co., 62 N.Y.2d...