Opinion
Submitted June 19, 2001.
August 13, 2001.
In related actions to recover damages for personal injuries, etc., the defendants in Action No. 2, Rosetta Karcher and We Transport, Inc., appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Burke, J.), dated August 3, 2000, as denied their motion for summary judgment dismissing the complaint and all cross claims infoar as asserted against them in that action.
Friedberg Raven, LLP, New York, N.Y. (Keith A. Raven of counsel), for appellants.
Davis Hersh, LLP, Hauppauge, N.Y. (Raymond D. Radow of counsel), for plaintiff-respondent.
Carole A. Burns, Mineola, N.Y. (Jessica M. Busby of counsel), for defendants-respondents.
Before: DAVID S. RITTER, J.P., WILLIAM D. FRIEDMANN, DANIEL F. LUCIANO, NANCY E. SMITH, JJ.
ORDERED that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.
The appellants contend that We Transport, Inc., and Towne Bus Corp. are a single, integrated enterprise and, as such, they are entitled to summary judgment pursuant to the exclusivity clause under Workers' Compensation Law § 11. Contrary to the appellants' contention, they failed to submit sufficient evidence to establish a prima facie case that the two corporations constitute a single, integrated enterprise (see, Kramer v. NAB Const. Co., A.D.2d [2d Dept., Apr. 30, 2001], Levine v. Lee's Pontiac, 203 A.D.2d 259; Kaplan v. Bayley Seton Hosp., 201 A.D.2d 461).
RITTER, J.P., FRIEDMANN, LUCIANO and SMITH, JJ., concur.