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ALLGAIER v. TOWN OF BROOKHAVEN

6 A.D.3d 638 (2004)

775 N.Y.S.2d 546

CLIFFORD ALLGAIER et al., Appellants, v. TOWN OF BROOKHAVEN et al., Respondents.

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

April 26, 2004.

Ordered that the order is affirmed, with costs.

In light of the control and direction which the defendants exercised over the injured plaintiff, the Supreme Court properly concluded that the injured plaintiff was a special employee of the defendants as a matter of law, and thus, that the instant action is barred by the injured plaintiff's recovery of workers' compensation benefits (see Thompson v Grumman Aerospace Corp., 78 N.Y.2d 553

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