Opinion
January 31, 1992
Appeal from the Supreme Court, Monroe County, Rosenbloom, J.
Present — Denman, P.J., Callahan, Green, Lawton and Davis, JJ.
Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying defendant's motion for summary judgment dismissing the complaint on the ground that plaintiff was its special employee. "A special employee is described as one who is transferred for a limited time of whatever duration to the service of another" (Thompson v. Grumman Aerospace Corp., 78 N.Y.2d 553, 557). In this case, the uncontroverted facts established that plaintiff, although paid by his general employer, was injured while performing services under the control and at the direction of defendant, for the exclusive benefit of defendant. In those circumstances, plaintiff was defendant's special employee as a matter of law, and plaintiff's receipt of Workers' Compensation benefits bars this action (see, Thompson v. Grumman Aerospace Corp., supra; Lesanti v. Harmac Indus., 175 A.D.2d 664; Jeras v East Mfg. Corp., 168 A.D.2d 889, appeal withdrawn 78 N.Y.2d 953; Cameli v. Pace Univ., 131 A.D.2d 419).