In Rosenburg v. Angiuli Buick, 220 A.D.2d 654 (2nd Dept. 1995), the Appellate Division, Second Department reversed a lower court's decision dismissing plaintiff's complaint. The lower court held that "where the owner, president and sole stockholder of two corporations is the same person the mere fact that title to the premises is held in the name of a corporation different from that of the corporate employer should not expose that corporation to suit by the injured plaintiff." The Appellate Division held that defendant was a "separate legal entity" from the plaintiff's employer and therefore not shielded from tort liability.