Summary
In Roll v. Murphy (1991) 174 A.D.2d 1030 [572 N.Y.S.2d 193] the land owner was the sole stockholder, president and chief executive officer of the corporation that employed the injured worker.
Summary of this case from Miller v. KingOpinion
June 7, 1991
Appeal from the Supreme Court, Ontario County, Curran, J.
Present — Callahan, J.P., Denman, Green, Pine and Lowery, JJ.
Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying defendant's motion for summary judgment. An injured worker cannot maintain an action for personal injuries against the owner of premises where an accident occurred when, as here, defendant was the sole stockholder, president and chief executive officer of the corporation which employed plaintiff (see, Heritage v Van Patten, 59 N.Y.2d 1017; Caceras v Zorbas, 148 A.D.2d 339, affd 74 N.Y.2d 884; Callari v Pellitieri, 130 A.D.2d 935; St. Andrews v Lucarelli, 115 A.D.2d 155). Workers' Compensation is plaintiff's exclusive remedy (see, Workers' Compensation Law § 29). Regardless of his status as owner of the premises where the injury occurred, defendant Murphy remains a coemployee in his relations with plaintiff in all matters arising from and connected with their employment (Heritage v Van Patten, supra, at 1018-1019).