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ZALIMOON ROMAN, Appellant, v. ZAIB AINECHI, Respondent.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint ( see Workers' Compensation Law § 29). The defendant was acting within the scope of his employment when he assigned the plaintiff to work at his residence, and since the plaintiff conceded she was acting within the scope of her employment at the time of the accident, the plaintiff and the defendant were co-employees. Therefore, workers' compensation is the plaintiff's exclusive remedy and she is barred from maintaining this action ( see Macchirole v. Giamboi, 97 NY2d 147, 150; Heritage v. Van Patten, 59 NY2d 1017, 1018; Lozado v. Felice, 8 AD3d 633, 634; Sojka v. Romeo, 293 AD2d 522, 523).

In view of the foregoing, we need not reach the plaintiff's remaining contentions.

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ROMAN v. AINECHI
(Feb 22, 2005)