ZIMMERMAN v. OPTICA MANUFACTURING CORP

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

The plaintiff commenced this action to recover damages for injuries he allegedly sustained while dismantling an oven in a factory that manufactured optical lenses. The plaintiff concedes that the Supreme Court properly dismissed the complaint insofar as it was asserted against the two corporate defendants based upon their affirmative defense that his exclusive remedy was under the Workers' Compensation Law. Contrary to the plaintiff's contention, however, the affirmative defense also applies to the individual defendant Martin Greshes. There is sufficient uncontroverted evidence to establish that Martin Greshes was the plaintiff's coemployee. Moreover, the status of Martin Greshes as the owner of the premises where the accident occurred does not negate his immunity from suit pursuant to Workers' Compensation Law § 29 Work. Comp. (6) (see, Heritage v. Van Patten, 59 N.Y.2d 1017 ; Sylfa v. Stupnick, 239 A.D.2d 570 ; Lapinski v. Gusmar Realty Corp., 211 A.D.2d 762 ; Kinsman v. McGill, 210 A.D.2d 659 ).

RITTER, J.P., FRIEDMANN, FEUERSTEIN, and SCHMIDT, JJ., concur.