MONTEVERDE v. DELTA INT'L MACHINERY CORP

Notwithstanding that it was defendant-respondent, not plaintiff, who signed the application for workers' compensation benefits, plaintiff's acceptance of such benefits in an amount in excess of $50,000 after the Workers' Compensation Board determined that he was defendant's employee at the time of the accident estops him from now claiming he was not defendant's employee (see, Zabava v 178 E. 78, 212 A.D.2d 406).

Concur — Rosenberger, J.P., Wallach, Rubin, Kupferman and Asch, JJ.