PAULINO v. LIFECARE TRANSPORT (2008)

Orders, Supreme Court, Bronx County (Wilma Guzman, J.), entered January 14, 2008 and May 1, 2008, respectively, which, in an action for personal injuries sustained while operating the wheelchair lift of an ambulette, denied the motions of defendant Lifecare Transport (Lifecare) and defendant The Jewish Home and Hospital For Aged (JHHA) for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motions granted and the complaint dismissed.  The Clerk is directed to enter judgment accordingly.

Plaintiff's action is barred by the exclusivity of the remedy under Workers' Compensation Law § 11.  JHHA submitted evidence demonstrating that defendants, as well as plaintiff's nonparty employer, were all part of a single integrated entity in that they operated under the control of the same parent corporation, shared payroll services and an employee manual, and were covered by the same Workers' Compensation insurance policy (see Hernandez v. Sanchez, 40 A.D.3d 446, 836 N.Y.S.2d 577 [2007];  Ramnarine v. Memorial Ctr. for Cancer & Allied Diseases, 281 A.D.2d 218, 722 N.Y.S.2d 493 [2001] ).  Although Lifecare failed to submit documentary evidence in support of its motion, we find that it is entitled to summary judgment based upon the documentation submitted by JHHA.