Opinion
No. 3181.
March 27, 2008.
Order, Supreme Court, New York County (Milton A. Tingling, J.), entered June 21, 2007, which, in an action for personal injuries sustained by a parking garage attendant in a parking garage operated by defendant Melcar Garage, Inc. (Melcar), denied Melcar's motion for summary judgment dismissing the complaint as against it as barred by the exclusivity provisions of the Workers' Compensation Law, unanimously affirmed, without costs.
Bivona Cohen, P.C., New York (Kevin J. Donnelly of counsel), for appellant.
Grossman Grossman, P.C., New York (Brett M. Grossman of counsel), for respondent.
Before: Friedman, J.P., Gonzalez, McGuire and Moskowitz, JJ.
Melcar's motion was properly denied for lack of documentation showing, inter alia, exactly who paid plaintiff and supervised his daily activities, and that such person or entity, if not Melcar itself, is Melcar's alter ego ( see Hughes v Solovieff Realty Co., L.L.C., 19 AD3d 142, 143). In view of the foregoing, we need not reach Melcar's argument that plaintiffs injuries are not "grave" within the meaning of the statute and that any common-law claims against it must therefore be dismissed.