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Castro v. Stallone

Appellate Division of the Supreme Court of New York, Second Department
Mar 12, 2001
281 A.D.2d 445 (N.Y. App. Div. 2001)

Opinion

Submitted February 14, 2001.

March 12, 2001.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Schulman, J.), dated May 5, 2000, which granted the defendants' motion for summary judgment dismissing the complaint on the ground that the action is barred by Workers' Compensation Law § 29(6).

Michael B. Palillo, P.C. (Pollack, Pollack, Isaac DeCicco, New York, N Y [Michael B. Palillo and Brian J. Isaac] of counsel), for appellant.

Ronan, McDonnell Kehoe, Melville, N.Y. (James S. Kehoe of counsel), for respondents.

Before: DAVID S. RITTER, J.P., GABRIEL M. KRAUSMAN, ANITA R. FLORIO, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint on the ground that workers' compensation was the plaintiff's exclusive remedy (see, Workers' Compensation Law § 29). The plaintiff, who was injured during the course of his employment, cannot maintain an action to recover damages for personal injuries against the owners of the premises where the accident occurred since the owners are also officers of the corporation that employed him (see, Heritage v. Van Patten, 59 N.Y.2d 1017; Lovario v. Vuotto, 266 A.D.2d 191; Stephan v. Stein, 226 A.D.2d 364).


Summaries of

Castro v. Stallone

Appellate Division of the Supreme Court of New York, Second Department
Mar 12, 2001
281 A.D.2d 445 (N.Y. App. Div. 2001)
Case details for

Castro v. Stallone

Case Details

Full title:ROBERTO CASTRO, APPELLANT, v. VITO STALLONE, ET AL., RESPONDENTS

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

Date published: Mar 12, 2001

Citations

281 A.D.2d 445 (N.Y. App. Div. 2001)
721 N.Y.S.2d 556

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