Sanchez v. 3180 Riverdale Realty, LLC
The plaintiff, Jose Sanchez, was injured while performing construction work on premises owned by the defendant, 3180 Riverdale Realty, LLC. Sanchez, employed by nonparty Badaly & Badaly Construction, commenced an action for personal injuries, alleging a violation of Labor Law § 240 (1). The defendant moved for summary judgment, asserting the exclusivity defense of the Workers' Compensation Law, arguing it was an alter ego of Sanchez's employer. The Supreme Court granted the defendant's motion. However, the Appellate Division, Second Department, reversed the order, finding the defendant failed to establish prima facie that it was an alter ego of the plaintiff's employer or controlled its day-to-day operations. Consequently, the defendant's motion for summary judgment was denied.