Alabisi v. Bonda

Appellate Division of the Supreme Court of New York

Alabisi v. Bonda

262 A.D.2d 948, 692 N.Y.S.2d 557, 1999 N.Y. App. Div. LEXIS 7104

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 18, 1999

StatusPublished

Cited by5 cases

This text of 262 A.D.2d 948 (Alabisi v. Bonda) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alabisi v. Bonda, 262 A.D.2d 948, 692 N.Y.S.2d 557, 1999 N.Y. App. Div. LEXIS 7104 (N.Y. Ct. App. 1999).

Pincite

Opinion

—Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Vincent Alabisi (plaintiff), a laborer employed by Bonn Electric Construction, Inc. (Bonn Electric), was injured in a fall while working at Lincoln School Apartments, owned by defendant, Charles Bonda, d/b/a Lincoln School Associates (Bonda). Bonda was also the sole shareholder and president of Bonn Electric. Plaintiffs sued Bonda as property owner for negligence and Labor Law violations. Bonda moved for summary judgment dismissing the complaint on the ground that, because he was plaintiff’s coemployee at Bonn Electric, Workers’ Compensation Law § 29 (6) bars this action. Supreme Court erred in denying the motion (see, Heritage v Van Patten, 59 NY2d 1017). Bonda had “indistinguishable responsibilities, as an executive employee [of plaintiff’s employer] and as a property owner, for safety precautions to avoid the plaintiff’s injury” (Cusano v Staff, 191 AD2d 918, 920). Thus, Workers’ Compensation Law § 29 (6) “makes compensation the exclusive remedy of [plaintiff, who was] injured ‘by the negligence or wrong of another in the same employ’ ” (Heritage v Van Patten, supra, at 1019). (Appeal from Order of Supreme Court, Erie County, Notaro, J. — Summary Judgment.) Present — Pine, J. P., Hayes, Pigott, Jr., Scudder and Balio, JJ.

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—Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Vincent Alabisi (plaintiff), a laborer employed by Bonn Electric Construction, Inc. (Bonn Electric), was injured in a fall while working at Lincoln School Apartments, owned by defendant, Charles Bonda, d/b/a Lincoln School Associates (Bonda). Bonda was also the sole shareholder and president of Bonn Electric. Plaintiffs sued Bonda as property owner for negligence and Labor Law violations. Bonda moved for summary judgment dismissing the complaint on the ground that, because he was plaintiff’s coemployee at Bonn Electric, Workers’ Compensation Law § 29 (6) bars this action. Supreme Court erred in denying the motion (see, Heritage v Van Patten, 59 NY2d 1017). Bonda had “indistinguishable responsibilities, as an executive employee [of plaintiff’s employer] and as a property owner, for safety precautions to avoid the plaintiff’s injury” (Cusano v Staff, 191 AD2d 918, 920). Thus, Workers’ Compensation Law § 29 (6) “makes compensation the exclusive remedy of [plaintiff, who was] injured ‘by the negligence or wrong of another in the same employ’ ” (Heritage v Van Patten, supra, at 1019). (Appeal from Order of Supreme Court, Erie County, Notaro, J. — Summary Judgment.) Present — Pine, J. P., Hayes, Pigott, Jr., Scudder and Balio, JJ.

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Bluebook (online)

262 A.D.2d 948, 692 N.Y.S.2d 557, 1999 N.Y. App. Div. LEXIS 7104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alabisi-v-bonda-nyappdiv-1999.

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