Richmond v. BMC Industries, Inc.

Order unanimously affirmed without costs. Memoran*1064dum: Supreme Court properly granted the cross motions of defendants and third-party defendant for summary judgment dismissing the complaint. The record establishes that plaintiff was a special employee of defendant Buckbee-Mears as a matter of law (see, Thompson v Grumman Aerospace Corp., 78 NY2d 553, 557-558; Jeffords v Professional Bldrs./ Remodelers Group, 186 AD2d 989; Lesanti v Harmac Indus., 175 AD2d 664) and the acceptance by plaintiff of workers’ compensation benefits as an employee of his general employer precludes him from bringing…