Opinion
2466
December 5, 2002.
Order, Supreme Court, Bronx County (Alan Saks, J.), entered February 20, 2002, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
James M. Lane, for plaintiff-respondent.
Brendan T. Fitzpatrick, for defendant-appellant.
Before: WILLIAMS, P.J., ELLERIN, RUBIN, MARLOW, GONZALEZ, JJ.
The court properly denied defendant's motion for summary judgment dismissing the complaint based on the exclusivity provisions of the Workers' Compensation Law (Workers' Compensation Law § 11, § 29), since the documentary and testimonial evidence support conflicting inferences as to whether plaintiff, at the time of the alleged accident, was, in fact, a special employee of defendant (see Thompson v. Grumman Aerospace Corp., 78 N.Y.2d 553, 557).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.