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ROSA v. BLZ (1997)

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

Heriberto ROSA, et al., Plaintiffs-Respondents, v. QUARRY CROTONA HOMES, INC., Defendant-Appellant, BLZ Corp., Defendant.

Decided: May 22, 1997

Before SULLIVAN, J.P., and MILONAS, ELLERIN, TOM and MAZZARELLI, JJ.

Frank G. Cernigliaro, for plaintiffs-respondents. Adam S. Cohen, for defendant-appellant.

Order, Supreme Court, Bronx County (Luis Gonzalez, J.), entered June 18, 1996 which, in an action by a laborer to recover for personal injuries, insofar as appealed, denied defendant-appellant's motion for summary judgment dismissing the complaint as barred by the exclusivity provisions of the Workers' Compensation Law, unanimously affirmed, with costs.

The motion court correctly held that because defendant-appellant was named in the Workers' Compensation Board proceeding and specifically argued therein, through counsel, that it was plaintiff's employer, it should be collaterally estopped from arguing herein that it was plaintiff's “co-employer” by reason of its alter-ego relationship with the company found by the Board to be plaintiff's employer (see, Vogel v. Herk Elev. Co., 229 A.D.2d 331, 645 N.Y.S.2d 32).

MEMORANDUM DECISION.

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ROSA v. BLZ (1997)

Decided: May 22, 1997

Court: Supreme Court, Appellate Division, First Department, New York.

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