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RICHMOND v. BMC INDUS., INC.

226 A.D.2d 1063 (1996)

641 N.Y.S.2d 773

John Richmond, Appellant, v. BMC Industries, Inc., et al., Respondents and Third-Party Plaintiffs. Associated Maintenance Corp., Third-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 19, 1996

Order unanimously affirmed without costs.

Memorandum:

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 N.Y.2d 553, 557-558;

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