Tuesday, May 10, 2011

Plaintiff's Employer Functioned as "One Company" With Defendant

In Carty v. East 175th Street Housing Dev. Fund Corp., the First Department found that the plaintiff's employer functioned as one company with defendant for purposes of barring plaintiff's claims under Workers' Compensation Law 11. More specifically, the Court reached its conclusion upon finding that the two entitites shared the same president and director of finance, financial management, administrative headquarters and insurance policy, as well as functioning with a common purpose. Moreover, although the building was owned by the defendant, the plaintiff's employer paid all of the building's operating expenses and had employees to operate the facility.

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