May Employee Sue His Employer In His Capacity As a Property Owner ?
In Jackson v. Tivoli Towers Hous. Co. (176 AD2d 918, 919 [2d Dept 1991]), the Court found that the defendant landowner, a general partner of the employer limited partnership, had "purchased and developed the premises on which the accident occurred in furtherance of partnership business."
As such, the Court held that the plaintiff employee of the limited partnership was precluded from bringing an action against defendant landowner.
Upon so finding, the Court stated the well-settled rule that:
"In general, a plaintiff may not bring an action against his employer in its capacity as a property owner ... his exclusive remedy is a claim under his employer's workers' compensation policy of insurance (Workers' Compensation Law 11, 29 )." (Id., at 918.)
The Court went on to state:
"For purposes of the defenses pursuant to Workers' Compensation Law 11 and 29, a partnership and its partners are considered one entity when acting in furtherance of partnership business" (Jackson v. Tivoli Towers Hous. Co., supra, at 918-919; see also Cipriano v. FYM Assocs., 117 AD2d 770 [2d Dept 1986]).