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ADAMS v. VIRCO MFG. CORP.

251 A.D.2d 608 (1998)

675 N.Y.S.2d 550

Jacob Adams, Jr., Appellant, v. Virco Manufacturing Corporation et al., Respondents

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

June 29, 1998

Ordered that the order is affirmed insofar as appealed from, with costs.

Based upon the indicia of control and direction which the defendants exercised over the plaintiff, the Supreme Court properly concluded that the plaintiff was a special employee of the defendants as a matter of law, and thus, that the instant action is barred by the plaintiff's recovery of workers' compensation benefits (see, Thompson v Grumman Aerospace Corp.,

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