Bernick v. Cigna Corp.

Full title: DONALD R. BERNICK, Respondent, v. CIGNA CORPORATION, Appellant

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

Date published: Jun 4, 1985

112 A.D.2d 45 (N.Y. App. Div. 1985)

Opinion

June 4, 1985

Appeal from the Supreme Court, Erie County, McGowan, J.

Present — Doerr, J.P., Boomer, O'Donnell, Pine and Schnepp, JJ.

Order unanimously reversed, on the law, with costs, and motion granted. Memorandum: Defendant's motion to dismiss plaintiff's complaint pursuant to CPLR 3211 (a) (1), (7) should have been granted. Plaintiff failed to show that the activities of defendant, the parent corporation of plaintiff's employer, sufficiently dominated the employer to make the parent a proper defendant (Musman v. Modern Deb, 50 A.D.2d 761).