RICHMOND v. BMC INDUSTRIES, INC

Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted the cross motions of defendants and third-party defendant for summary judgment dismissing the complaint. The record establishes that plaintiff was a special employee of defendant Buckbee-Mears as a matter of law ( see, Thompson v. Grumman Aerospace Corp., 78 N.Y.2d 553, 557-558; Jeffords v. Professional Bldrs./Remodelers Group, 186 A.D.2d 989; Lesanti v. Harmac Indus., 175 A.D.2d 664) and the acceptance by plaintiff of workers' compensation benefits as an employee of his general employer precludes him from bringing this Labor Law action against defendants ( see, Degruchy v. Xerox Corp., 188 A.D.2d 1003).