O'Connor v. Spencer Investment LTD. Partnership

In O'Connor v. Spencer Investment LTD. Partnership, 2 A.D.3d 513 (2nd Dept. 2003) at the time of the accident, plaintiff was employed by GTI Harbor & Trucking & Riggin Inc. (GTI), Spencer Investment LTD partnership (Spencer) owned the premises where the accident took place. Spencer Realty Inc. was its general partner. The president and sole shareholder of GTI was also the president and sole shareholder of Spencer Realty Inc., the property owner's general partner. Supreme Court held that the action was not barred by the exclusivity provisions of the Workers Compensation Law 11 and 29(6), because "none of the property owner's partners are officers of the injured plaintiff's corporate employer, and the partnership and corporate employer are distinct legal entities." The Appellate Division Second Department affirmed.