4846-4846B. DUANE REAVES, plf-res, v. LAKOTA CONSTRUCTION GROUP, INC., Defendant-res-ap, J.B.H., L.L.C. def, 214-217 NORTHERN BOULEVARD, LLC def-ap — __ O’Connor O’Connor Hintz & Deveney, LLP, Melville (Eileen M. Baumgartner of counsel), for 214-27 Northern Boulevard, LLC, ap — Ahmuty, Demers & McManus, Albertson (Glenn A. Kaminska of counsel), for Bergon Construction Corp., ap — Mauro Lilling Naparty, LLP, Woodbury (Gregory S. Cascino of counsel), for Lakota Construction Group Inc., respondent-ap — Michelle S. Russo PC, Port Washington (Michelle S. Russo of counsel), for Duane Reade, res — __—Orders, Supreme Court, New York County (Arlene P. Bluth, J.), entered June 15, 2016, which denied defendants 214-27 Northern Boulevard, LLC, Bergon Construction Corp., and Lakota Construction Group, Inc.’s respective motions for summary judgment dismissing the complaint and all cross claims against them, unanimously affirmed, without costs.
Plaintiff commenced this action to recover for personal injuries he allegedly sustained when he tripped over construction materials at his place of employment as it was undergoing renovations. Supreme Court properly concluded that defendant 214-27 Northern Boulevard, LLC, the lessee of the premises failed to demonstrate as a matter of law that it was an alter ego of plaintiff’s employer and therefore shielded from tort liability by the exclusive remedy of Workers’ Compensation Law §§11 and 29(6). While there was overlap in the ownership and management of 214-27 Northern Boulevard and plaintiff’s employer, 214-27 Northern Boulevard was separately incorporated for the purpose of leasing the premises, maintained a separate corporate address, and maintained a separate bank account from which it paid for the renovations to the premises. An understanding of the financial relationship between the two is not clear from the record (see Henderson v. Gyrodyne Co. of Am., Inc., 123 AD3d 1091, 1092 [2d Dept 2013]; Ocana v. Quasar Realty Partners L.P., 137 AD3d 566 [2016], lv dismissed 27 NY3d 1078 [2016]; Amill v. Lawrence Ruben Co., Inc., 100 AD3d 458, 459 [1st Dept 2012]).
