Devorin v. One Wall Street Corporation

Full title: RANDY DEVORIN et al., Respondents, v. ONE WALL STREET CORPORATION…

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

Date published: Dec 6, 1994

210 A.D.2d 37 (N.Y. App. Div. 1994)

620 N.Y.S.2d 940

Opinion

December 6, 1994

Appeal from the Supreme Court, New York County (Stephen Crane, J.).

In this personal injury action, plaintiffs moved to strike the affirmative defense of Workers' Compensation, and defendant cross-moved to dismiss the action as barred by Workers' Compensation Law § 11. Since defendant, the owner of the building where plaintiff was employed and where the alleged injuries occurred, did not present evidence in admissible form sufficient to prove as a matter of law that it functioned as the alter ego of plaintiff's employer, the IAS Court properly found that plaintiffs' claims were not barred by the Workers' Compensation Law (see, Billy v Consolidated Mach. Tool Corp., 51 N.Y.2d 152, 163).

Concur — Murphy, P.J., Sullivan, Kupferman, Asch and Tom, JJ.