Legal Opinion

Morato-Rodriguez v. Riva Construction Group, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided October 20, 2011PublishedCited by 7 opinions

1Opinion of the Court

The motion court correctly determined that plaintiffs claims against defendant Riva are barred by Workers’ Compensation Law § 11. Riva demonstrated that it and nonparty WTS Contracting Corp. are alter egos by establishing that they share a president and chief executive, an office manager and an office address, and were insured by the same liability and Workers’ Compensation policies (see Carty v East 175th St. Hous. Dev. Fund, Corp., 83 AD3d 529 [2011]). Although plaintiff was paid with a WTS check and WTS was identified as his employer in the report regarding his accident as well as in the…

2Cases cited2 opinions

  1. Carty v. East 175th Street Housing Development Fund Corp.Appellate Division of the Supreme Court of the State of New York · 2011
  2. Vera v. NYC Partnership Development Fund Co.Appellate Division of the Supreme Court of the State of New York · 2007

3Cited by7 opinions

  1. Kittay v. MoskowitzAppellate Division of the Supreme Court of the State of New York · 2012
  2. Faulk v. Rockaway One Co.Appellate Division of the Supreme Court of the State of New York · 2013
  3. McDonald v. Winter Bros. Transfer Station Corp.Appellate Division of the Supreme Court of the State of New York · 2014
  4. Rodriguez v. Dairyland HP, LLCAppellate Division of the Supreme Court of the State of New York · 2020
  5. Faulk v. Rockaway One Co.Appellate Division of the Supreme Court of the State of New York · 2013

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