Paulino v Lifecare Transp.

Paulino v Lifecare Transp. 2008 NY Slip Op 09838 [57 AD3d 319] December 16, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 11, 2009

Evelyn Paulino, Respondent,
v
Lifecare Transport et al., Appellants.

—[*1] Hardin, Kundla, McKeon & Poletto, P.A., New York (Stephen P. Murray of counsel), for appellants.

Ross, Legan, Rosenberg, Zelen & Flaks, LLP, New York (Evan N. Ross of counsel), for respondent.

Orders, Supreme Court, Bronx County (Wilma Guzman, J.), entered January 14, 2008 and May 1, 2008, respectively, which, in an action for personal injuries sustained while operating the wheelchair lift of an ambulette, denied the motions of defendant Lifecare Transport (Lifecare) and defendant the Jewish Home and Hospital for the Aged (JHHA) for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motions granted and the complaint dismissed. The Clerk is directed to enter judgment accordingly.

Plaintiff's action is barred by the exclusivity of the remedy under Workers' Compensation Law § 11. JHHA submitted evidence demonstrating that defendants, as well as plaintiff's nonparty employer, were all part of a single integrated entity in that they operated under the control of the same parent corporation, shared payroll services and an employee manual, and were covered by the same workers' compensation insurance policy (see Hernandez v Sanchez, 40 AD3d 446 [2007]; Ramnarine v Memorial Ctr. for Cancer & Allied Diseases, 281 AD2d 218 [2001]). Although Lifecare failed to submit documentary evidence in support of its motion, we find that it is entitled to summary judgment based upon the documentation submitted by JHHA. Concur—Andrias, J.P., Nardelli, Sweeny, DeGrasse and Freedman, JJ.