Opinion
June 29, 1998
Appeal from the Supreme Court, Queens County (Schmidt, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
Based upon the indicia of control and direction which the defendants exercised over the plaintiff, the Supreme Court properly concluded that the plaintiff was a special employee of the defendants as a matter of law, and thus, that the instant action is barred by the plaintiffs recovery of workers' compensation benefits ( see, Thompson v. Grumman Aerospace Corp., 78 N.Y.2d 553, 558; Cameli v. Pace Univ., 131 A.D.2d 419, 420).
Bracken, J.P., Copertino, McGinity and Luciano, JJ., concur.