Opinion
2001-05553
Argued April 22, 2002.
May 8, 2002.
In an action to recover damages for personal injuries, the defendants Long Island Power Authority and the Power Authority of the State of New York appeal from an order of the Supreme Court, Suffolk County (Dunn, J.), entered May 18, 2001, which denied their motion for leave to amend their answer to assert the affirmative defense that the action against them was barred by the Workers' Compensation Law.
Barry, McTiernan Moore, New York, N.Y. (Anthony J. McNulty of counsel), for appellants.
Siben Ferber, LLP, Hauppauge, N.Y. (David M. Schwarz of counsel), for respondent.
Before: SANTUCCI, J.P., MILLER, KRAUSMAN, GOLDSTEIN, JJ.
ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the appellants' proposed amended answer is deemed served.
There is a substantial question in this case as to whether the plaintiff held the status of a special employee, and whether the action against one or both of the appellants is barred by the Workers' Compensation Law (see Di Sisto v. Messenger, 176 A.D.2d 249, 250; Carino v. Kenmare Remodeling, 292 A.D.2d 555; [2002]; see also Wesley v. Long Is. Power Auth., 284 A.D.2d 391, 392-393). The plaintiff's contentions are without merit (see Cameli v. Pace Univ., 131 A.D.2d 419).
SANTUCCI, J.P., S. MILLER, KRAUSMAN and GOLDSTEIN, JJ., concur.