Burdette v. Niagara County Industrial Development Agency

Order insofar as appealed from unanimously reversed on the law without costs, motion granted and complaint against defendant Lockport International Partners dismissed. Memorandum: Supreme Court erred in denying the motion of defendant Lockport International Partners (LIP) for summary judgment dismissing the complaint against it. The proof is sufficient to establish as a matter of law that plaintiff was a special employee of LIP at the time of his accident (see, Thompson v Grumman Aerospace Corp., 78 NY2d 553; Schulze v Associated Univs., 212 AD2d 588, 589). It is undisputed that plaintiff was…