—In an action to recover damages for personal injuries, the plaintiff appeals, as. limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Werner, J.), entered April 24, 2001, as granted that branch of the defendant’s motion which was for summary judgment dismissing the complaint.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the defendant’s motion which was for summary judgment dismissing the complaint is denied, and the complaint is reinstated.
The plaintiff alleges that on March 19, 1996, he was injured while unloading a vehicle owned by the defendant and leased to his employer, Millar Elevator, Inc. (hereinafter Millar). Upon finding that the defendant presented sufficient evidence demonstrating that both it and Millar were subsidiaries of Schindler Elevator Corporation (hereinafter Schindler), the Supreme Court granted that branch of the defendant’s motion which was for summary judgment dismissing the complaint on the ground that the plaintiff’s recovery for the accident was limited to workers’ compensation. The plaintiff appeals. We reverse.
Generally, the sole remedy of an employee injured in the course of employment against his or her employer is recovery under the Workers’ Compensation Law (see Workers’ Compensation Law §§ 11, 29 [6]; Billy v Consolidated Mach. Tool Corp., 51 NY2d 152). It is established that “[a] parent corporation may be deemed to be an employer of an employee of a subsidiary corporation for Workers’ Compensation purposes if the subsidiary functions as the alter ego of the parent” (Dennihy v
Certain documents submitted by the defendant in support of its position are not properly before this Court, since they were either submitted for the first time with its reply papers (see Klimis v Lopez, 290 AD2d 538; Wright v Cetek Tech., Inc., 289 AD2d 569; Feratovic v Lun Wah, Inc., 284 AD2d 368; Voytek Tech. v Rapid Access Consulting, 279 AD2d 470), or, as the defendant concedes, were never submitted to the Supreme Court (see CPLR 5526; cf. Boyar v Goodman, 202 AD2d 541).
Since the defendant failed to demonstrate the absence of factual issues, its motion for summary judgment should have been denied (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851).
In light of our determination, the parties’ remaining contentions are academic. Altman, J.P., S. Miller, McGinity and Schmidt, JJ., concur.