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Di Rie v. Automotive Realty Corp.

Appellate Division of the Supreme Court of New York, First Department
Dec 14, 1993
199 A.D.2d 98 (N.Y. App. Div. 1993)

Summary

In Di Rie v. Automotive Realty Corp., 199 A.D.2d 98, 605 N.Y.S.2d 60 (1 Dept. 1993), the Court limited its findings to the specific circumstances of that case, in which the property owner and plaintiff's employer were separate legal entities owned by one individual.

Summary of this case from Benitez v. J.P.L. Realty Corp.

Opinion

December 14, 1993

Appeal from the Supreme Court, Bronx County (Barry Salman, J.).


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 N.Y.2d 1017).

Concur — Carro, J.P., Ellerin, Kupferman and Rubin, JJ.


Summaries of

Di Rie v. Automotive Realty Corp.

Appellate Division of the Supreme Court of New York, First Department
Dec 14, 1993
199 A.D.2d 98 (N.Y. App. Div. 1993)

In Di Rie v. Automotive Realty Corp., 199 A.D.2d 98, 605 N.Y.S.2d 60 (1 Dept. 1993), the Court limited its findings to the specific circumstances of that case, in which the property owner and plaintiff's employer were separate legal entities owned by one individual.

Summary of this case from Benitez v. J.P.L. Realty Corp.
Case details for

Di Rie v. Automotive Realty Corp.

Case Details

Full title:ANDREW DI RIE et al., Appellants, v. AUTOMOTIVE REALTY CORP., Respondent…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 14, 1993

Citations

199 A.D.2d 98 (N.Y. App. Div. 1993)
605 N.Y.S.2d 60

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