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MORATO-RODRIGUEZ v. RIVA CONSTRUCTION GROUP, INC.

Nos. 5771, 303634/09.

88 A.D.3d 549 (2011)

931 N.Y.S.2d 282

2011 NY Slip Op 7349

KARLO MORATO-RODRIGUEZ, Appellant, v. RIVA CONSTRUCTION GROUP, INC., Respondent, and 1412 BROADWAY, LLC, Appellant, et al., Defendant.

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

Decided October 20, 2011.

The motion court correctly determined that plaintiff's claims against defendant Riva are barred by Workers' Compensation Law § 11. Riva demonstrated that it and nonparty WTS Contracting Corp. are alter egos by establishing that they share a president and chief executive, an office manager and an office address, and were insured by the same liability and Workers' Compensation policies (see Carty v East 175th St. Hous. Dev. Fund Corp., 83 A.D.3d...

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