KENT v. YOUNIS (1999)

Supreme Court, Appellate Division, Fourth Department, New York.

Winnie KENT, Plaintiff-Respondent, v. David A. YOUNIS, Defendant-Appellant.

Decided: October 01, 1999

PRESENT: PINE, J.P., LAWTON, WISNER, HURLBUTT and BALIO, JJ.

David S. Grasso, Syracuse, for defendant-appellant.

Supreme Court erred in denying defendant's motion for summary judgment dismissing the complaint as barred by the exclusivity provisions of Workers' Compensation Law § 29(6). Plaintiff sustained injuries when she slipped and fell in the parking lot of her employer, B'ville Diner, Inc., while walking to her car after work. She applied for and received workers' compensation benefits from her employer's workers' compensation carrier. The record establishes that defendant was the owner of the premises on which plaintiff fell and the president and sole shareholder of B'ville Diner, Inc. Plaintiff, who was injured during the course of her employment, “cannot maintain an action to recover damages for personal injuries against the owner of the premises where the accident occurred * * * when the owner is also an officer of the corporation that employed the worker” (Stephan v. Stein, 226 A.D.2d 364, 640 N.Y.S.2d 245; see, Parrinello v. Mancuso, 251 A.D.2d 856, 674 N.Y.S.2d 484).

Order unanimously reversed on the law without costs, motion granted and complaint dismissed.

MEMORANDUM:

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