Smith v. Kingsbrook Jewish Medical Center

In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Nassau County (Winslow, J.), entered June 24, 2003, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

When an employee elects to receive Workers’ Compensation benefits from his general employer, a special employer is shielded from any action at law commenced by the employee (see Kramer v NAB Constr. Corp., 282 AD2d 714 [2001]; cf. Thompson v Grumman Aerospace Corp., 78 NY2d 553 [1991]). A person’s…