Len Kushnir and Rachel Smith secured dismissal of all personal injury claims against their client in a recent New York County case.
The plaintiff was employed by the defendant’s parent entity and has been receiving workers’ compensation benefits through that parent entity’s insurance policy after an alleged injury at his job as a building superintendent. The defendant, a holding company of the premises where the accident occurred, is a wholly owned subsidiary of that parent entity.
On a motion for summary judgment, Len and Rachel argued that the workers’ compensation law’s protection from personal injury lawsuits should apply to the defendant because the plaintiff’s employer is the defendant’s alter ego.
In granting the motion for summary judgment, Hon. Sabrina Kraus, J.S.C. of the Supreme Court, New York County opined as follows:
The Worker’s Compensation bar to recovery was specifically intended to prevent the kind of double-dipping sought by the plaintiff here. Accordingly, and pursuant to Workers’ Compensation Law §11, plaintiff cannot sustain an independent cause of action for recovery for personal injuries and damages against defendant and collect Workers’ Compensation benefits for his alleged injuries.
Going a step further, the court awarded costs and fees.
Congratulations, Len and Rachel!