Caceras v. Zorbas

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff was injured in the course of his employment and instituted this action against defendant, who was both the owner of the building where the accident happened and the president and sole stockholder of plaintiff’s corporate employer (the lessee of the premises). The complaint did not allege workers’ compensation benefits were unavailable. In fact, plaintiff applied for and received such benefits. The defendant’s original answer did not assert the Workers’ Compensation Law as an affirmative…