Ordered that the order is affirmed, with costs.
Although the defendants' motion for summary judgment was technically premature since issue had not yet been joined ( see CPLR 3212 [a]), under the particular facts of this case, where the plaintiff was clearly on notice that the motion was made pursuant to CPLR 3212, submitted opposition papers thereto, and "`deliberately charter[ed] a summary judgment course,'" the Supreme Court properly entertained the motion ( Hickey v. Travelers Ins. Co., 158 AD2d 112, 114, quoting Four Seasons Hotels v. Vinnik, 127 AD2d 310, 320; Siegel, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C3212:12, at 21).
On the merits, the Supreme Court correctly granted the motion dismissing the complaint ( see Workers' Compensation Law § 29). The plaintiff and the defendant Thomas J. Karthaus were acting within the scope of their employment, as co-employees, at the time of the subject accident ( see Macchirole v. Giamboi, 97 NY2d 147, 150; Roman v. Ainechi, 15 AD3d 562). Thus, workers' compensation is the plaintiff's exclusive remedy and she is barred from maintaining this action.
The plaintiff's remaining contentions are without merit.