Ordered that the order is modified, on the law, by deleting the provision thereof which denied that branch of the cross motion of the defendant Chuck Realty Corp. which was for summary judgment dismissing the complaint insofar as asserted against it and substituting therefor a provision granting that branch of the cross motion; as so modified, the order is affirmed, insofar as appealed and cross-appealed from, with one bill of costs to the respondents.
The defendant Chuck Realty Corp. (hereinafter Chuck) made a prima facie showing of entitlement to summary judgment and, contrary to the conclusion reached by the court, no triable issue of fact was raised that Chuck held any interest in the premises such as would render it liable for the injuries sustained by the plaintiff Joseph Mattarelliano ( see, Zuckerman v. City of New York, 49 N.Y.2d 557, 562-563; CPLR 3212 [b]). Accordingly, summary judgment dismissing the complaint insofar as asserted against Chuck should have been granted.
However, we reject the claim that the action should have been dismissed insofar as asserted against the defendant Moish Gas Stations, Inc., as a matter of law. There is no basis here for disregarding the fact that the employer and the landowner are distinct legal entities ( see, Rosenburg v. Angiuli Buick, 220 A.D.2d 654, 655; Casas v. 559 Warren St. Realty Corp., 211 A.D.2d 742, 743) and we do not find that Moish Gas Stations, Inc., may be deemed an alter ego of DeVito Industries, Inc. ( see, Donatin v. Sea Crest Trading Co., 181 A.D.2d 654, 655).
Miller, J.P., Florio, McGinity and Luciano, JJ., concur.