LAWLER v. DONNELLY (1997)

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from so much of an order of the Supreme Court, Nassau County (O'Connell, J.), entered February 8, 1996, as granted the motion of the defendant Warren Donnelly for summary judgment dismissing the complaint.

ORDERED that the order is affirmed insofar as appealed from, with costs.

The plaintiff Joanne Lawler was injured when she slipped on ice in the driveway of her employer, Marketrac, Inc., a small corporation operated out of a private home.   The plaintiffs sued, inter alia, Warren Donnelly, who owned the premises, but who was also the Secretary/Treasurer of Marketrac.

The court properly granted Donnelly's motion for summary judgment on the ground that the action against him was barred by the Workers' Compensation Law (see, e.g., Heritage v. Van Patten, 59 N.Y.2d 1017, 466 N.Y.S.2d 958, 453 N.E.2d 1247).   Contrary to the plaintiffs' contention, Donnelly's duty as a coemployee is coextensive with his duty as a homeowner with respect to maintaining a safe driveway for the plaintiff (and others) to come and go from his office/home (see, e.g., Matter of Husted v. Seneca Steel Serv., 41 N.Y.2d 140, 391 N.Y.S.2d 78, 359 N.E.2d 673;  Blach v. Glabman, 234 A.D.2d 328, 650 N.Y.S.2d 796;  Matter of Maloney v. Reynolds Metal, 141 A.D.2d 948, 530 N.Y.S.2d 294;  Matter of Voight v. Rochester Prods. Div., GMC, 125 A.D.2d 799, 509 N.Y.S.2d 908;  cf., Groark v. Miller, 48 A.D.2d 539, 371 N.Y.S.2d 503).   In the words of Heritage and its progeny, “[r]egardless of his status as owner of the premises where the injury occurred, [Donnelly] remains a coemployee [in his relations] with the injured plaintiff in all matters arising from and connected with their common employment” (Druiett v. Brenner, 193 A.D.2d 644, 645, 598 N.Y.S.2d 3;  see also, Blach v. Glabman, supra;   Amelco v. Berk, 199 A.D.2d 448, 605 N.Y.S.2d 404).

We find no merit to the plaintiffs' remaining contention.

MEMORANDUM BY THE COURT.