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DI RIE v. AUTO. REALTY CORP.

199 A.D.2d 98 (1993)

605 N.Y.S.2d 60

Andrew Di Rie et al., Appellants, v. Automotive Realty Corp., Respondent. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, First Department.

December 14, 1993

Under the circumstances of this case, Workers' Compensation, which plaintiff has recovered from third-party defendant, is plaintiffs' exclusive remedy. Both defendant and third-party defendant are owned by one individual. Though defendant and third-party defendant are separate legal entities, that is not a basis for not limiting plaintiff to Workers' Compensation. Defendant, which has no employees, is controlled by the individual that controls plaintiff's employer (Heritage...

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