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DEVORIN v. ONE WALL ST. CORP.

210 A.D.2d 37 (1994)

620 N.Y.S.2d 940

Randy Devorin et al., Respondents, v. One Wall Street Corporation, Appellant

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

December 6, 1994

In this personal injury action, plaintiffs moved to strike the affirmative defense of Workers' Compensation, and defendant cross-moved to dismiss the action as barred by Workers' Compensation Law § 11. Since defendant, the owner of the building where plaintiff was employed and where the alleged injuries occurred, did not present evidence in admissible form sufficient to prove as a matter of law that it functioned as the alter...

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