Opinion
March 3, 1992
Appeal from the Supreme Court, New York County (Carol H. Arber, J.).
In this personal injury action by plaintiff against the owner, New Heights, and the managing agent, Kensington, of the Washington Heights apartment building where he was employed as the superintendent, there are questions of fact presented as to whether Kensington was plaintiff's special employer or that it had notice of the alleged defect in the fire escape ladder. New Heights, however, is clearly entitled to dismissal of the complaint as barred by the Workers' Compensation Law inasmuch as plaintiff and New Heights were parties to a Workers' Compensation Board hearing at which it was held that New Heights was plaintiff's employer. It is well settled that the Board's decision is determinative of the issue, thus precluding any party to the hearing, who had the required notice and opportunity to be heard, from relitigating such issue. (Liss v Trans Auto Sys., 68 N.Y.2d 15, 21.)
Concur — Rosenberger, J.P., Wallach, Kupferman, Asch and Rubin, JJ.