Opinion
2219
November 18, 2003.
Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered on or about August 9, 2002, inter alia, granting defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Neil A. Zirlin, for plaintiff-appellant.
Jonathan T. Uejio, for defendant/third-party plaintiff-respondent.
Stefanie R. Cardarelli, for third-party defendant-respondent.
Before: Saxe, J.P., Sullivan, Rosenberger, Friedman, Gonzalez, JJ.
The proof demonstrating that plaintiff, although hired by third-party defendant OneSource, worked exclusively under the direct supervision and control of defendant at its Pleasantville campus, with defendant possessing the plenary right to have plaintiff discharged, to dictate plaintiff's work hours, wages, vacation schedule, work assignments and the manner of their completion, established that plaintiff was a special employee of defendant (see Thompson v. Grumman Aerospace Corp., 78 N.Y.2d 553). Accordingly, this action against defendant to recover for injuries sustained by plaintiff in the course of his employment is barred by Workers' Compensation Law § 11 (see Gannon v. JWP Forest Elec. Corp., 275 A.D.2d 231; Camelli v. Pace Univ., 131 A.D.2d 419).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.