Adimey v. Erie County Industrial Development Agency

Order reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying the motion of defendant, Erie County Industrial Development Agency (ECIDA), for summary judgment dismissing the complaint seeking damages for alleged common-law negligence and violations of Labor Law §§ 200, 240 (1) and § 241 (6). In Collins v County of Monroe Indus. Dev. Agency (COMIDA) (167 AD2d 914, 915, lv dismissed 77 NY2d 874), we held that a sale and lease-back transaction between the fee owner and COMIDA was not a "genuine allocation of ownership” for purposes of…