Ramnarine v. Mem'l Ctr. for Cancer & Allied Diseases, 281 A.D.2d 218 (N.Y. App. Div. 2001). · Go Syfert
Ramnarine v. Mem'l Ctr. for Cancer & Allied Diseases, 281 A.D.2d 218 (N.Y. App. Div. 2001). Cases Citing This Book View Copy Cite
28 citation events (28 in the last 25 years) across 3 distinct courts.
Strongest positive: Fuller v. KFG Land I, LLC (nyappdiv, 2020-12-29)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) Fuller v. KFG Land I, LLC (2×) also: Cited "see, e.g."
N.Y. App. Div. · 2020 · confidence medium
An employer's organization into separate entities does not preclude a finding that the plaintiff-employee is limited to benefits under the WCL, because "for statutory purposes, an employee may have more than one employer" ( Ramnarine v Memorial Ctr. for Cancer & Allied Diseases , 281 AD2d 218, 219 [1st Dept 2001]).
discussed Cited as authority (rule) Commissioners of the State Ins. Fund v. Sanitation Salvage Corp.
N.Y. App. Div. · 2020 · confidence medium
Sanitation failed to raise a triable issue of fact, as it submitted only an attorney affirmation claiming that SIF miscalculated its premiums, which has no probative value in opposition to a summary judgment motion ( see Ramnarine v Memorial Ctr. for Cancer and Allied Diseases , 281 AD2d 218, 219 [1st Dept 2001]).
discussed Cited as authority (rule) Anduaga v. AHRC NYC New Projects, Inc.
N.Y. App. Div. · 2008 · confidence medium
The defendant is an alter ego of the plaintiffs employer NYSARC, Inc., such that the plaintiff is relegated to her remedy of workers’ compensation benefits (see Ortega v Noxxen Realty Corp., 26 AD3d 361, 362 [2006]; Crespo v Pucciarelli, 21 AD3d 1048, 1049 [2005]; Ramnarine v Memorial Ctr. for Cancer & Allied Diseases, 281 AD2d 218, 219 [2001]).
discussed Cited as authority (rule) Anduaga v. AHRC NYC New Projects, Inc.
N.Y. Sup. Ct. · 2007 · confidence medium
New Projects argues that it should be considered plaintiffs employer because it and AHRC are a “single integrated entity” (Ramnarine v Memorial Ctr. for Cancer & Allied Diseases, 281 AD2d 218, 218 [2001]) or, alter egos of each other (Ortega v Noxxen Realty Corp., 26 AD3d 361 [2006]).
discussed Cited as authority (rule) Pautienis v. Legacy Capital Corp.
N.Y. App. Div. · 2007 · confidence medium
Plaintiff’s opposition, consisting of an unverified answer and an attorney’s affirmation, was insufficient to raise a triable issue (see Ramnarine v Memorial Ctr. for Cancer & Allied Diseases, 281 AD2d 218, 219 [2001]; Marinetti v Shifrin, 260 AD2d 227, 228-229 [1999]).
discussed Cited as authority (rule) Gherghinoiu v. Atco Properties & Management, Inc.
N.Y. App. Div. · 2006 · confidence medium
Such affidavit, based on personal knowledge, was competent to satisfy defendant’s burden as the proponent of summary judgment (Karczewicz v 473 Owners Corp., 272 AD2d 137 [2000] ) as well as factually sufficient here to establish that defendant was Gherghinoiu’s special employer (see Thompson v Grumman Aerospace Corp., 78 NY2d 553, 557-558 [1991] [control and direction of the manner, details and ultimate result of employee’s work is “significant and weighty” in determining existence of a special employment relationship]; Ramnarine v Memorial Ctr. for Cancer & Allied Diseases, 281 AD2…
discussed Cited as authority (rule) Cruz v. HSS Properties Corp.
N.Y. App. Div. · 2003 · confidence medium
While an employee may be deemed to have more than one employer for statutory purposes (Di Rie v Automotive Realty Corp., 199 AD2d 98 [1993]; Bradford v Air La Carte, 79 AD2d 553 [1980]), defendant has not demonstrated that the various corporate entities comprising the hospital organization should be treated as a single employer (cf. Ramnarine v Memorial Ctr. for Cancer & Allied Diseases, 281 AD2d 218, 219 [2001]).
discussed Cited as authority (rule) Wheeler v. Couret
S.D.N.Y. · 2001 · confidence medium
The New York courts have recognized that “an employer’s organization into separate legal entities does not preclude a finding that an employee is limited to benefits under the Workers’ Compensation Act.” Ramnarine v. Mem’l Ctr. for Cancer and Allied Diseases, 722 N.Y.S.2d 493, 494 (1st Dept.2001).
discussed Cited "see, e.g." Cruz v. Regent Leasing Ltd. Partnership
N.Y. Sup. Ct. · 2006 · signal: see also · confidence low
(Kudelski v 450 Lexington Venture, 198 AD2d 157 [1st Dept 1993]; see also, Ramnarine v Memorial Ctr. for Cancer & Allied Diseases, 281 AD2d 218 [1st Dept 2001].) The same is true where corporations have lost their separate corporate status due to having become divisions of the same corporation by virtue of a merger.
Retrieving the full opinion text from the archive…
Jagdeo Ramnarine
v.
Memorial Center for Cancer and Allied Diseases, and Starrett Housing Corp.
Appellate Division of the Supreme Court of the State of New York.
Mar 13, 2001.
281 A.D.2d 218
2001 N.Y. App. Div. LEXIS 2233
Cited by 20 opinions  |  Published

Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered March 23, 2000, which denied the motion of defendant Memorial Center for Cancer and Allied Diseases seeking summary judgment dismissing plaintiffs negligence and derivative causes of action together with the cross claims of co-defendants Starrett Housing Corp. and HRH Construction Corp. for indemnification and contribution, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendant-appellant dismissing the complaint and all cross claims as against it.

On December 19, 1997, plaintiff Jagdeo Ramnarine, a building service aide employed by defendant Memorial Sloan-Kettering Cancer Center (Center), sustained a laceration to his right calf while on the loading dock at Memorial Center for Cancer and Allied Diseases (Hospital). Defendant moved for summary judgment on the ground that plaintiffs’ action is barred by the exclusivity of the remedy provided by Workers’ Compensation Law § 11 (as amended by L 1996, ch 635, § 2). The moving papers state that the Center and the Hospital, together with the Sloan-Kettering Institute for Cancer Research and SKI Realty, comprise a single integrated entity and, while legally separate, must be treated as one employer for purposes of the Workers’ Compensation Law.

Evidence submitted in support of the motion indicates that while the individual entities have separate certificates, of incorporation, they are directed by a common management and function under a combined budget. In their respective capacities, the executive officers function for the four corporations, which issue a combined audited financial statement. There is one human resources department, and a single policy manual sets forth common rules and policies of employment. A common payroll department issues paychecks to all employees, and a single premium is paid for an insurance policy covering all four entities. The organization holds itself out to the public as an integrated institution known as Memorial Sloan-Kettering Cancer Center, advertisements for employment identify it as the prospective employer, funds are solicited under its name and space is shared by the respective entities at 1275 York Avenue, which premises are identified by its collective title.

The injured plaintiff’s job description involved cleaning the areas in and around Hospital facilities. Testimony elicited from[*219] general counsel indicates that the cost of an employee’s salary is allocated to cost centers within the entities depending upon the amount of work performed for each. Thus, the record indicates that the cost of plaintiffs salary was actually charged to the Hospital.

This Court has recognized that an employer’s organization into separate legal entities does not preclude a finding that an employee is limited to benefits under the Workers’ Compensation Law (Di Rie v Automotive Realty Corp., 199 AD2d 98). It is settled that, for statutory purposes, an employee may have more than one employer (Bradford v Air La Caerte, 79 AD2d 553). "[A] general employee of one employer may also be in the special employ of another, notwithstanding the general employer’s responsibility for payment of wages and for maintaining workers’ compensation and other employee benefits” (Thompson v Grumman Aerospace Corp., 78 NY2d 553, 557; Gonzalez v RHQ Assocs., 263 AD2d 413; Gjelaj v Dwelling Mgrs., 251 AD2d 4).

Defendant Center has provided ample evidence to demonstrate that the injured plaintiff is relegated to his remedy under the Workers’ Compensation Law. In response, plaintiffs have submitted no affidavit but only an attorney’s affirmation, which is of no probative value in opposition to a motion for summary judgment (Hasbrouck v City of Gloversville, 102 AD2d 905, affd 63 NY2d 916; Farragut Gardens No. 5 v Milrot, 23 AD2d 889) unless accompanied by supporting documentary evidence (Zuckerman v City of New York, 49 NY2d 557, 563). In the absence of a question of fact, such evidence is subject to construction as a matter of law, and the award of summary judgment is warranted (Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853; see Karczewicz v 473 Owners Corp., 272 AD2d 137). Concur — Williams, J. P., Mazzarelli, Ellerin, Wallach and Rubin, JJ.