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DEFENDANT PROPERTY OWNER WAS THE ALTER EGO OF PLAINTIFF’S EMPLOYER, PLAINTIFF’S ONLY REMEDY FOR INJURY FROM A FALL WAS UNDER THE WORKERS’ COMPENSATION LAW (FOURTH DEPT).

The Fourth Department determined defendant property owner was the alto ego of plaintiff’s employer (Fox Run) and therefore plaintiff’s only remedy for his on the job injury was under the Workers’ Compensation Law. Plaintiff worked on a farm and was injured when he fell from a hayloft:

… [W]e conclude that defendant established as a matter of law that it was the alter ego of Fox Run. Defendant and Fox Run were single-member-owned LLCs that were created on the same day “for a single purpose[,] to operate a horse stable business” … . Both defendant and Fox Run had the same individual owner … , and shared the same insurance policy … . Defendant had “[n]o separate set of [financial] books” and “no separate accounting or tax reporting”… .

In addition, defendant had no employees … and “was formed solely for the purpose of owning the premises upon which plaintiff’s employer . . . operate[d]” its horse farm … . Fox Run leased property from no one other than defendant, there was no written lease agreement, and Fox Run did not pay any rent to defendant … . Finally, Fox Run’s owner paid defendant’s property taxes as well as the operating expenses of the property … . Buchwald v 1307 Porterville Rd., LLC, 2018 NY Slip Op 03006, Fourth Dept 4-27-18

​WORKERS’ COMPENSATION LAW (DEFENDANT PROPERTY OWNER WAS THE ALTER EGO OF PLAINTIFF’S EMPLOYER, PLAINTIFF’S ONLY REMEDY FOR INJURY FROM A FALL WAS UNDER THE WORKERS’ COMPENSATION LAW (FOURTH DEPT))/CORPORATION LAW (WORKERS’ COMPENSATION LAW, DEFENDANT PROPERTY OWNER WAS THE ALTER EGO OF PLAINTIFF’S EMPLOYER, PLAINTIFF’S ONLY REMEDY FOR INJURY FROM A FALL WAS UNDER THE WORKERS’ COMPENSATION LAW (FOURTH DEPT))

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