Richmond v. BMC Industries, Inc.

dum: Supreme Court properly granted the cross motions of defendants and third-party defendant for summary judgment dismissing the complaint. The record establishes that plaintiff was a special employee of defendant Buckbee-Mears as a matter of law (see, Thompson v Grumman Aerospace Corp., 78 NY2d 553 , 557-558; Jeffords v Professional Bldrs./ Remodelers Group, 186 AD2d 989 ; Lesanti v Harmac Indus., 175 AD2d 664 ) and the acceptance by plaintiff of workers’ compensation benefits as an employee of his general employer precludes him from bringing this Labor Law action against defendants (see, Degruchy v Xerox Corp., 188 AD2d 1003 ). (Appeal from Order of Supreme Court, Oswego County, Nicholson, J.—Labor Law.) Present—Green, J. P., Pine, Fallon, Callahan and Boehm, JJ.