BLUMBERG v. TEN WASHINGTON REALTY ASSOC

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

In moving, inter alia, for summary judgment based on the affirmative defense of the Workers' Compensation Law, the defendant, a partnership which owned the premises upon which the plaintiff was injured, failed to establish that all of its partners were officers of the plaintiff's employer ( see, Lindner v. Kew Realty Co., 113 A.D.2d 36, 45; cf., Kupke v. Mullane, 215 A.D.2d 531). Thus, the branch of the defendant's motion which was for summary judgment was properly denied.