Ramnarine v. Mem. Ctr. Cancer and Allied Diseases

• Decision Date: 13 March 2001
• Citation: 722 N.Y.S.2d 493
• Parties: (A.D. 1 Dept. 2001) Jagdeo Ramnarine, et al., Plaintiffs-Respondents, v. Memorial Center for Cancer and Allied Diseases, etc., Defendant-Appellant, and Starrett Housing Corp., et al., Defendants-Respondents. 2488 : FIRST JUDICIAL DEPARTMENT
• Court: New York Supreme Court — Appellate Division

Page 493

722 N.Y.S.2d 493 (A.D. 1 Dept. 2001)

Jagdeo Ramnarine, et al., Plaintiffs-Respondents, v. Memorial Center for Cancer and Allied Diseases, etc., Defendant-Appellant and Starrett Housing Corp., et al., Defendants-Respondents.

2488

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: FIRST JUDICIAL DEPARTMENT

MARCH 13, 2001

Brian J. Isaac - for plaintiffs-respondents,

Terri L. Ross - for defendant-appellant,

Andrew Zajac - for defendants-respondents.

Williams, J.P., Mazzarelli, Ellerin, Wallach, Rubin, JJ.

Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered March 23, 2000, which denied the motion of defendant Memorial Center for Cancer and Allied Diseases seeking summary judgment dismissing plaintiff's negligence and derivative causes of action together with the cross-claims of co-defendants Starrett Housing Corp. and HRH Construction Corp. for indemnification and contribution, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendant-appellant dismissing the complaint and all cross claims as against it.

On December 19, 1997, plaintiff Jagdeo Ramnarine, a building service aide employed by defendant Memorial Sloan-Kettering Cancer Center (Center), sustained a laceration to his right calf while on the loading dock at Memorial Center for Cancer and Allied Diseases (Hospital). Defendant moved for summary judgment on the ground that plaintiffs' action is barred by the exclusivity of the remedy provided by Workers' Compensation Law § 11 (as amended by L 1996, ch 635, § 2). The moving papers state that the Center and the Hospital, together with the Sloan-Kettering Institute for Cancer Research and SKI Realty, comprise a single integrated entity and, while legally separate, must be treated as one employer for purposes of the Workers' Compensation Law.

Evidence submitted in support of the motion indicates that while the individual entities have separate certificates of incorporation, they are directed by a common management and function under a combined budget. In their respective capacities, the executive officers function for the four corporations, which issue a combined audited financial statement. There is one human resources department, and a single policy manual sets forth common rules and policies of employment. A common payroll department issues paychecks to all employees, and a single premium is paid for an insurance policy covering all four entities. The organization holds itself out to the public as an integrated institution known as Memorial Sloan-Kettering Cancer Center, advertisements for employment identify it as the prospective employer, funds are solicited under its name and space is shared by the respective entities at 1275 York Avenue, which premises are identified by its collective title.

The injured plaintiff's job description involved cleaning the areas in and around...