| Anduaga v AHRC NYC New Projects, Inc. |
| 2008 NY Slip Op 10569 [57 AD3d 925] |
| December 30, 2008 |
| Appellate Division, Second Department |
| Debra Anduaga, Respondent, v AHRC NYC New Projects,Inc., Appellant. |
—[*1] Eaton & Torrenzano, LLP, Brooklyn, N.Y. (Jay Torrenzano of counsel), forrespondent.
In an action to recover damages for personal injuries, the defendant appeals from an order ofthe Supreme Court, Kings County (Schneier, J.), dated November 19, 2007, which denied thatbranch of its motion which was for summary judgment dismissing the complaint on the groundthat the action is barred by the exclusivity provisions of the Workers' Compensation Law.
Ordered that the order is reversed, on the law, with costs, and that branch of the defendant'smotion which was for summary judgment dismissing the complaint is granted.
The plaintiff was injured in a workplace accident and was awarded workers' compensationbenefits. Under the circumstances of this case, the Supreme Court should have granted thatbranch of the defendant's motion which was for summary judgment dismissing the complaint onthe ground that the action was barred by the exclusively provisions of the Workers'Compensation Law. The defendant is an alter ego of the plaintiff's employer NYSARC, Inc.,such that the plaintiff is relegated to her remedy of workers' compensation benefits (seeOrtega v Noxxen Realty Corp., 26 AD3d 361, 362 [2006]; Crespo v Pucciarelli, 21AD3d 1048, 1049 [2005]; Ramnarine v Memorial Ctr. for Cancer & Allied Diseases, 281AD2d 218, 219 [2001]). Rivera, J.P., Lifson, Miller and Eng, JJ., concur. [See 18 Misc3d 405.]