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DEJESUS v. TODARO

2 A.D.3d 282 (2003)

768 N.Y.S.2d 333

JOSE L. DEJESUS, Respondent, v. HENRY TODARO, JR., et al., Appellants, et al., Defendants.

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

December 18, 2003.

The motion was properly denied as against the individual defendant since his affidavits in support thereof, asserting that he was not only the owner of the premises at the time of the accident but also the president of HT Co., and therefore plaintiff's coemployee against whom plaintiff's exclusive remedy is workers' compensation (see Medrano v Pritchard Indus., 298 A.D.2d 271 [2002]), lacks documentary support conclusively demonstrating...

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