SANNA v. RIM, INC

ORDERED that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellants, and the action against the remaining defendants is severed.

The appellants' assertion of the affirmative defense of workers' compensation was a bar to any recovery by the plaintiff ( see Caceras v. Zorbas, 74 N.Y.2d 884, 885; Singh v. Shafi, 252 A.D.2d 494). The appellants WOC, Inc., Waxman Industries, Inc., and Waxman Consumer Products, Inc., as interrelated companies of which the appellant U.S. Lock Corporation (hereinafter U.S. Lock) was a subsidiary, were sufficiently related to U.S. Lock, as the plaintiff's employer, so as to share in its workers' compensation defense ( see Romano v. Curry Auto Group, 301 A.D.2d 509).

S. MILLER, J.P., SCHMIDT, RIVERA and SPOLZINO, JJ., concur.