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MALMON v. EAST 84TH APARTMENTS CORP.

1536.

67 A.D.3d 566 (2009)

889 N.Y.S.2d 563

2009 NY Slip Op 08507

ANDRZEJ MALMON et al., Plaintiffs, v. EAST 84TH APARTMENTS CORP. et al., Defendants. CONCORD RESTORATION, INC., Third-Party Plaintiff-Respondent, et al., Third-Party Plaintiff, v. MARBLE UNIQUE, LLC, et al., Third-Party Defendants-Appellants, et al., Third-Party Defendants. (And a Second Third-Party Action.)

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

Decided November 19, 2009.

We find that Concord had notice of the Workers' Compensation Board (WCB) hearing and that its workers' compensation carrier appeared and presented testimony therein. As such, Concord was bound by the WCB determination that Hi-Tech, and not Marble, was the underlying plaintiff's employer at the time of the accident (see Liss v Trans Auto Sys., 68 N.Y.2d 15, 21 [1986]). Even without regard to the WCB determination, summary judgment...

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