NAWRATH v. The City of the York, Defendant. (1999)

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

Guillermo NAWRATH, et al., Plaintiffs-Respondents, v. Rose MEINWALD, et al., Individually and Doing Business as Annex Associates, Defendants-Appellants, The City of the York, Defendant.

Decided: February 11, 1999

ROSENBERGER, J.P., LERNER, RUBIN and MAZZARELLI, JJ.

Jason Platt, for Plaintiffs-Respondents. Jeffrey S. Schein, for Defendants-Appellants.

Order, Supreme Court, New York County (Edward Lehner, J.), entered November 10, 1997, which denied defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Although defendants have presented some evidence in support of their workers' compensation defense, that evidence falls short of establishing, as a matter of law, that plaintiff's employer, the workers' compensation insured, was their alter ego, or that there was a common relationship (see, Donatin v. Sea Crest Trading Co., 181 A.D.2d 654, 655, 580 N.Y.S.2d 461; cf., Kudelski v. 450 Lexington Venture, 198 A.D.2d 157, 603 N.Y.S.2d 483).

MEMORANDUM DECISION.

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