HAIGHT v. ORDEZ

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly dismissed the plaintiff's complaint insofar as asserted against the defendant Epifanio Ordez. The plaintiff's injuries, allegedly caused by the negligence of Ordez, his co-employee, occurred while the two were acting within the scope of their employment. Thus, the plaintiff's cause of action insofar as asserted against Ordez is barred by the exclusivity provision of the Workers' Compensation Law ( see Workers' Compensation Law § 29; Majlinger v. Cassino Contr. Corp., 25 AD3d 14; Macchirole v. Giamboi, 97 NY2d 147; Near v. Wagner Pool Co., 15 AD3d 551).

The plaintiff's remaining contentions are without merit.