Opinion
June 2, 1998
Appeal from the Supreme Court, New York County (Elliott Wilk, J.).
Documentary evidence before the motion court established conclusively that plaintiff was both the general employee of defendant 20 East 35 Owners Corp., the owner of the premises at which plaintiff was employed, and the special employee of defendant Dwelling Managers, Inc., the agent retained by the owner defendant to manage said premises. This being the case, the motion court properly concluded that plaintiff's receipt of workers' compensation benefits constituted his exclusive remedy against either employer defendant for his work-related injury, and, concomitantly, that this action for damages is barred (see, Thompson v. Grumman Aerospace Corp., 78 N.Y.2d 553; Olsen v. Well Manage, 214 A.D.2d 715, 716, lv denied 86 N.Y.2d 706).
Concur — Sullivan, J. P., Milonas, Rosenberger, Nardelli and Williams, JJ.