Adams v. Benderson Development Co.

207 A.D.2d 1024, 617 N.Y.S.2d 108, 1994 N.Y. App. Div. LEXIS 10332

Opinion

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred insofar as it denied the motion of 1210 Colvin Avenue, Inc. (defendant) for summary judgment dismissing the complaint. Defendant established, as a matter of law, that it was plaintiff’s employer (see, Perez v Tru-Fit Mfg. Co., 152 AD2d 461, 463). An employee may not bring a common-law action against her employer in its capacity as the owner of property where a job-related injury occurred (Billy v Consolidated Mach. Tool Corp., 51 NY2d 152, 158; Jackson v Tivoli Towers Hous. Co., 176 AD2d 918). (Appeal from Order of Supreme Court, Erie County, Gorski, J.—Summary Judgment.) Present—Denman, P. J., Pine, Balio, Callahan and Davis, JJ.