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Anduaga v. AHRC NYC New Projects, Inc.Anduaga v. AHRC NYC New Projects, Inc.

Appellate Division of the Supreme Court of the State of New York
Dec 30, 2008
Versions:57 A.D.3d 925
869 N.Y.2d 801

The plaintiff was injured in a workplace accident and was awarded workers’ compensation benefits. Under the circumstances of this case, the Supreme Court should have granted that branch of the defendant‘s motion which was for summary judgment dismissing the complaint on the ground that the action was barred by the exclusivity provisions of the Workers’ Compensation Law. The defendant is an alter ego of the plaintiff‘s employer NYSARC, Inc., such that the plaintiff is relegated to her remedy of workers’ compensation benefits (see Ortega v Noxxen Realty Corp., 26 AD3d 361, 362 [2006]; Crespo v Pucciarelli, 21 AD3d 1048, 1049 [2005]; Ramnarine v Memorial Ctr. for Cancer & Allied Diseases, 281 AD2d 218, 219 [2001]). Rivera, J.P., Lifson, Miller and Eng, JJ., concur. [See 18 Misc 3d 405.]

Case Details

Case Name: Anduaga v. AHRC NYC New Projects, Inc.
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Dec 30, 2008
Citations: 57 A.D.3d 925; 869 N.Y.2d 801
Court Abbreviation: N.Y. App. Div.
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