| Carty v East 175th St. Hous. Dev. Fund Corp. |
| 2011 NY Slip Op 03111 [83 AD3d 529] |
| April 19, 2011 |
| Appellate Division, First Department |
| Chesney Carty, Appellant, v East 175th Street HousingDevelopment Fund Corporation, Respondent. |
—[*1] Fumuso, Kelly, DeVerna, Snyder, Swart & Farrell, LLP, Hauppauge (Scott G. Christesen ofcounsel), for respondent.
Order, Supreme Court, Bronx County (Mary Ann Brigantti-Hughes, J.), entered March 12,2010, which granted defendant's motion for summary judgment dismissing the complaint,unanimously affirmed, without costs.
Since plaintiff's employer and defendant functioned as one company, plaintiff's claimsagainst defendant are barred by Workers' Compensation Law § 11 (see Hernandez v Sanchez, 40 AD3d446 [2007]; Ramnarine v Memorial Ctr. for Cancer & Allied Diseases, 281 AD2d218 [2001]; Anduaga v AHRC NYCNew Projects, Inc., 57 AD3d 925 [2008], lv denied 12 NY3d 707 [2009]). Therecord demonstrates that, while the two entities have separate certificates of incorporation, theyshare a president and director of finance, financial management, administrative headquarters, aninsurance policy, and a common purpose. Moreover, plaintiff's employer is a permanent memberof defendant, defendant owns the building in which plaintiff was injured, and has no employees,while plaintiff's employer pays all the building's operating expenses and has employees to operatethe facility.
We have considered plaintiff's remaining contentions and find them unavailing.Concur—Tom, J.P., Mazzarelli, Acosta, Renwick and Freedman, JJ.