| Paulino v Lifecare Transp. |
| 2008 NY Slip Op 09838 [57 AD3d 319] |
| December 16, 2008 |
| Appellate Division, First Department |
| Evelyn Paulino, Respondent, v Lifecare Transport et al.,Appellants. |
—[*1] Ross, Legan, Rosenberg, Zelen & Flaks, LLP, New York (Evan N. Ross of counsel), forrespondent.
Orders, Supreme Court, Bronx County (Wilma Guzman, J.), entered January 14, 2008 andMay 1, 2008, respectively, which, in an action for personal injuries sustained while operating thewheelchair lift of an ambulette, denied the motions of defendant Lifecare Transport (Lifecare)and defendant the Jewish Home and Hospital for the Aged (JHHA) for summary judgmentdismissing the complaint, unanimously reversed, on the law, without costs, the motions grantedand the complaint dismissed. The Clerk is directed to enter judgment accordingly.
Plaintiff's action is barred by the exclusivity of the remedy under Workers' CompensationLaw § 11. JHHA submitted evidence demonstrating that defendants, as well as plaintiff'snonparty employer, were all part of a single integrated entity in that they operated under thecontrol of the same parent corporation, shared payroll services and an employee manual, andwere covered by the same workers' compensation insurance policy (see Hernandez v Sanchez, 40 AD3d446 [2007]; Ramnarine v Memorial Ctr. for Cancer & Allied Diseases, 281 AD2d218 [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 byJHHA. Concur—Andrias, J.P., Nardelli, Sweeny, DeGrasse and Freedman, JJ.