Opinion
2059
October 30, 2003.
Order, Supreme Court, Bronx County (Howard Silver, J.), entered on or about October 29, 2002, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Beth N. Jablon, for plaintiffs-respondents.
Tony Semidey, for defendant-appellant.
Before: Andrias, J.P., Saxe, Williams, Marlow, Gonzalez, JJ.
Plaintiff Leonardo Cruz, an employee hired by nonparty Hospital for Special Surgery, was injured while working as a custodian at a residence for hospital staff owned by defendant HSS Properties Corporation. It is unclear, however, whether plaintiff's immediate supervisors were employed by defendant or by the Hospital. For the purpose of restricting plaintiff to his remedies under the Workers' Compensation Law, it has not been established, as a matter of law, that plaintiff was transferred to the service of defendant by the Hospital or that defendant assumed control over plaintiff (Thompson v. Grumman Aerospace Corp., 78 N.Y.2d 553, 557;Gonzalez v. John B. Lovett Assoc., 228 A.D.2d 342, 343). While an employee may be deemed to have more than one employer for statutory purposes (Di Rie v. Automotive Realty Co., 199 A.D.2d 98; Bradford v. Air La Carte, 79 A.D.2d 553), defendant has not demonstrated that the various corporate entities comprising the hospital organization should be treated as a single employer (cf. Ramnarine v. Memorial Ctr. for Cancer Allied Diseases, 281 A.D.2d 218, 219).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.