Plaintiff will not be heard to assert that his employer was not defendant, but rather the building's managing agent, having accepted workers' compensation benefits awarded upon the basis that defendant was plaintiff's employer ( Zabava v. 178 E. 78, 212 A.D.2d 406). In any event, the undisputed evidence that defendant issued and was listed on plaintiff's W-2s as plaintiff's employer, that defendant paid plaintiff's wages, benefits and workers' compensation insurance, and that plaintiff was injured while making repairs to defendant's building establishes that plaintiff was, at the least, a "special employee" of defendant at the time of the accident ( supra).
Concur — Sullivan, J.P., Milonas, Rubin, Williams and Andrias, JJ.