Bubnell v. Holmes Ambulance Service Corp.

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (Bur-stein, J.), entered January 12, 1989, which, among other things, sua sponte, declared a mistrial and directed that the defense of workers’ compensation interposed by the defendant be referred to the Workers’ Compensation Board for resolution.

Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings.

The issue in the case at bar is whether the defendant is the alter ego of the…