AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)

SCOT D. THOMPSON, plaintiff, v. BERNARD G. JANOWITZ CONSTRUCTION CORP., defendant third-party plaintiff-appellant, ET AL., defendant; SHORE TO SHORE CARPENTRY, INC., defendant third-party defendant-respondent.

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

Shore To Shore Carpentry, Inc. (hereinafter Shore), made out a prima facie case that it was the alter ego of AFG Contracting Company (hereinafter AFG), the plaintiff's employer, and thus, entitled to assert the immunity conferred by the Workers' Compensation Law as a bar to the third-party causes of action. The evidence submitted showed that the shares of Shore and AFG are owned by the same two stockholders, the companies' directors and officers consist of those same two stockholders, both companies share the same offices and support staff, Workers' Compensation and general liability coverage was issued to both AFG and Shore under the same policies, and both companies engaged in precisely the same work. Although the subcontract involved was awarded to Shore, both its and AFG's employees were on site, performing the very same work, the equipment they utilized was provided by both Shore and AFG to both sets of employees without reference to their employment status, and all AFG and Shore employees were jointly supervised and controlled by AFG's foreman, again without reference to their employment by either AFG or Shore. Furthermore, the appellant admitted that there was only an oral contract between it and Shore, and it is uncontroverted that the plaintiff did not suffer a grave injury (see Workers' Compensation Law § 11; Guijarro v. V.R.H. Constr. Corp., 290 A.D.2d 485).

In response, the appellant failed to show the existence of a triable issue of fact. Accordingly, the Supreme Court properly determined that Shore was entitled to dismissal of the third-party causes of action for indemnification and contribution (see Workers' Compensation Law §§ 11 and 29; Billy v. Consolidated Mach. Tool Corp., 51 N.Y.2d 152; Cruceta v. Funnel Equities, 286 A.D.2d 747; Srigley v. Universal Bldrs. Supply, 217 A.D.2d 694; Kudelski v. 450 Lexington Venture, 198 A.D.2d 157; cf. Kaplan v. Bayley Seton Hosp., 201 A.D.2d 461).

FLORIO, J.P., O'BRIEN, ADAMS and CRANE, JJ., concur.

Use AI to get other relevant cases.

Comments

THOMPSON v. JANOWITZ CONSTRUCTION CORP
(Jan 21, 2003)