McMahon v. Cohen Bros. Realty Corp.

Order, Supreme Court, New York County (Robert D. Kalish, J.), entered November 30, 2015, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant established prima facie that the injured plaintiff was its special employee and therefore this action is barred by the workers’ compensation law’s exclusivity provision (see Workers’ Compensation Law §§ 11, 29 [6]; Thompson v Grumman Aerospace Corp., 78 NY2d 553 [1991]). The comprehensive property management agreement between defendant and plaintiff’s general employer (the property…