Opinion
2003-02725.
Decided April 26, 2004.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Pitts, J.), dated March 10, 2003, which granted the defendants' motion for summary judgment dismissing the complaint.
Connelly Connelly, P.C., North Babylon, N.Y. (Peter R. Connelly of counsel), for appellants.
Arlene Zalayet, Mineola, N.Y. (Robert T. Baer on the brief), for respondents.
Before: NANCY E. SMITH, J.P., GLORIA GOLDSTEIN, THOMAS A. ADAMS, SANDRA L. TOWNES, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
In light of the control and direction which the defendants exercised over the injured plaintiff, the Supreme Court properly concluded that the injured plaintiff was a special employee of the defendants as a matter of law, and thus, that the instant action is barred by the injured plaintiff's recovery of Workers' Compensation benefits ( see Thompson v. Grumman Aerospace Corp., 78 N.Y.2d 553, 558; Martin v. Baldwin Union Free School Dist., 271 A.D.2d 579, 580; Adams v. Virco Mfg. Corp., 251 A.D.2d 608; Causewell v. Barnes Noble Bookstores, 238 A.D.2d 536; Garner v. Two Exch. Plaza Partners, 215 A.D.2d 352).
SMITH, J.P., GOLDSTEIN, ADAMS and TOWNES, JJ., concur.