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ESTEVES v. WE TRANSPORT, INC.

286 A.D.2d 365 (2001)

728 N.Y.S.2d 707

CARMEN ESTEVES et al., Plaintiffs, v. WE TRANSPORT, INC., et al., Defendants. (Action No. 1.) HARRY MILBURN, Respondent, v. ROSETTA V. KARCHER et al., Appellants, and CARMEN M. ESTEVES et al., Respondents. (Action No. 2.)

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

Decided August 13, 2001.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

The appellants contend that We Transport, Inc., and Towne Bus Corp. are a single, integrated enterprise and, as such, they are entitled to summary judgment pursuant to the exclusivity clause under Workers' Compensation Law § 11. Contrary to the appellants' contention...

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