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FRANK CARINO, RESPONDENT, v. KENMARE REMODELING, APPELLANT.

ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff was placed in the temporary employ of the defendant by his general employer, Trade Source. The defendant "exclusively controlled and directed the manner, details, and ultimate result of the plaintiff's work" at the site of the accident (Causewell v. Barnes Noble Bookstores, 238 A.D.2d 536). Thus, the plaintiff was a special employee of the defendant as a matter of law. Accordingly, the Supreme Court should have granted the defendant's motion for summary judgment dismissing the complaint as barred by the Workers' Compensation Law (see Workers' Compensation Law §§ 11, 29; Thompson v. Grumman Aerospace Corp., 78 N.Y.2d 553; Martin v. Baldwin Union Free School Dist., 271 A.D.2d 579; Causewell v. Barnes Noble Bookstores, supra).

RITTER, J.P., SMITH, FRIEDMANN and COZIER, JJ., concur.

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CARINO v. KENMARE REMODELING
(Mar 25, 2002)