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LOVARIO v. VUOTTO

266 A.D.2d 191 (1999)

697 N.Y.S.2d 685

ALBERTO LOVARIO et al., Appellants, v. NICOLA VUOTTO, Individually and Doing Business as NICK'S IRON WORKS, et al., Respondents.

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

Decided November 1, 1999.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court properly granted the motion of the defendant Nicola Vuotto for summary judgment dismissing the complaint pursuant to Workers' Compensation Law § 29 (6). The plaintiff is an employee of Oceanside Steel and Supply, Inc., while Vuotto is both the president and 100% shareholder of that corporation. Vuotto was also the owner of the property upon which the plaintiff was performing...

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