Opinion
October 5, 1992
Appeal from the Supreme Court, Nassau County (Kutner, J.).
Ordered that on the court's own motion, Katherine H. Clarke, as Administratrix of the Estate of William N. Clarke, is substituted as the party plaintiff, and the caption is amended accordingly; and it is further,
Ordered that the order is affirmed, with costs.
The Supreme Court properly granted the defendants Warren Oelsner and Carol Oelsner summary judgment. A worker injured during the course of the worker's employment cannot maintain an action to recover damages for personal injuries against the owners of premises upon which an accident occurred when, as here, those owners are also officers of the corporation which employed the worker (see, Heritage v Van Patten, 59 N.Y.2d 1017; Ozarowski v Yaloz Realty Corp., 181 A.D.2d 763; Roll v Murphy, 174 A.D.2d 1030; Owens v Hirth, 166 A.D.2d 244; St. Andrews v Lucarelli, 115 A.D.2d 155). The Workers' Compensation award which the plaintiff's decedent applied for and received is his exclusive remedy (see, Workers' Compensation Law § 29). Regardless of their status as owners of the premises where the injury occurred, the respondents remain coemployees with the plaintiff in all matters arising from and connected to their common employment (see, Heritage v Van Patten, supra). Harwood, J.P., Balletta, Rosenblatt and Santucci, JJ., concur.