Di Rie v. Automotive Realty Corp.

199 A.D.2d 98, 605 N.Y.S.2d 60, 1993 N.Y. App. Div. LEXIS 11946

Opinion

—Order, Supreme Court, Bronx County (Barry Salman, J.) entered September 16, 1992, which granted defendant and third-party plaintiff’s motion for summary judgment, unanimously affirmed, without costs.

Under the circumstances of this case, Workers’ Compensation, which plaintiff has recovered from third-party defendant, is plaintiffs’ exclusive remedy. Both defendant and third-party defendant are owned by one individual. Though defendant and third-party defendant are separate legal entities, that is not a basis for not limiting plaintiff to Workers’ Compensation. Defendant, which has no employees, is controlled by the individual that controls plaintiff’s employer (Heritage v Van Patten, 59 NY2d 1017). Concur—Carro, J. P., Ellerin, Kupferman and Rubin, JJ.