Ordered that the order is reversed, on the law, with one bill of costs, the motion and cross motion are granted, and the complaint and the third-party complaint are dismissed.
One who has received workers' compensation benefits is barred from commencing an action against a fellow employee who was acting within the scope of his or her employment at the time of the injury (see, Workers' Compensation Law § 29 [6]; Maines v Cronomer Val. Fire Dept.,
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