Opinion
523
March 18, 2003.
Order, Supreme Court, New York County (Martin Schoenfeld, J.), entered January 24, 2001, which, in an action by a stage-hand for personal injuries, inter alia, denied defendants producers' cross motion for summary judgment dismissing the complaint as against them as barred by the exclusivity provisions of the Workers' Compensation Law, unanimously affirmed, with costs.
Alexander J. Wulwick, for plaintiff-respondent.
Ann C. Chalstrom Andrew M. Laskin, for defendants-appellants.
Before: Tom, J.P., Saxe, Rosenberger, Lerner, Marlow, JJ.
An issue of fact as to whether plaintiff was defendants' special employee is raised by deposition testimony to the effect that defendants' supervisory control over plaintiff was less than comprehensive and exclusive and that plaintiff's general employer, the theater's apparent owner, continued to exercise some control over plaintiff's work (see Thompson v. Grumman Aerospace Corp., 78 N.Y.2d 553, 557, 558). We have considered defendants' other arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.