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ADAMS v. BENDERSON DEVELOPMENT CO., INC

Appellate Division of the Supreme Court of New York, Fourth Department.
Sep 30, 1994

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred insofar as it denied the motion of 1210 Colvin Avenue, Inc. (defendant) for summary judgment dismissing the complaint. Defendant established, as a matter of law, that it was plaintiff's employer (see, Perez v. Tru-Fit Mfg. Co., 152 A.D.2d 461, 463). An employee may not bring a common-law action against her employer in its capacity as the owner of property where a job-related injury occurred (Billy v. Consolidated Mach. Tool Corp., 51 N.Y.2d 152, 158; Jackson v. Tivoli Towers Hous. Co., 176 A.D.2d 918).