Appellate Division, Fourth Department
Corporate Officers — Exclusive Remedy
Ciapa v. Miso, et al.
Appealed from Supreme Court, Erie County
Background: The plaintiff commenced an action after a slip and fall that occurred while working at the defendant’s pizzeria. The plaintiff appealed from an order granting the defendant’s motion for summary judgment.
Ruling: The Appellate Division affirmed. The court found that the plaintiff’s sole remedy against his employer was in the Workers’ Compensation law. Further, the sole owner and president of the corporate employer was entitled to the protections afforded by the Workers’ Compensation law.
J. Michael Hayes for the plaintiff-appellant; Jennifer C. Persico of Mosey Persico for the defendant-respondent