Ordered that the order is affirmed insofar as appealed from, with costs.
The defendant Metropolitan Construction Corp. (hereinafter Metropolitan) moved for summary judgment asserting that it was either the employer or the special employer of the plaintiff, and, as such, Workers' Compensation was the plaintiff's exclusive remedy for his injuries. However, the notice of decision by the Workers' Compensation Board lists the third-party defendant, Superb Restoration Group...
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