Plaintiff, a laborer, was injured during the course of his employment at a construction project on premises located at 450 Lexington Avenue in Manhattan. Plaintiff, an employee at SH, received his orders from another SH employee, who in turn reported to a Big Apple employee. It is not disputed that the subcontract for the construction project in issue was undertaken by Big Apple, which provided Workers' Compensation Insurance on plaintiff's behalf. Defendant Big Apple submitted evidence establishing that employees of Big Apple and SH worked at the site performing the same functions; that Big Apple provided the equipment used on the job; that an employee of Big Apple acted as field supervisor for the employees of both SH and Big Apple; that the Big Apple field supervisor exercised, together with plaintiff's immediate supervisor, joint authority over plaintiff; and that the corporations share joint offices in Bronx County, as well as the same supervisors, officers, directors and stockholders.
It is evident that SH functioned either as an alter ego of Big Apple, or as its joint venturer, so that in either event, the exclusivity provisions of the Workers' Compensation Law apply (Pisicchio v Salem Transp. Co., 159 A.D.2d 701; Bradford v Air La Carte, 79 A.D.2d 553; Fallone v Misericordia Hosp., 23 A.D.2d 222, affd 17 N.Y.2d 648). As the only nexus to Bronx County has been severed, and as plaintiff makes no further argument in support of retaining venue in Bronx County in the event the action as to Big Apple is dismissed, we affirm the order transferring venue to Queens County.
Concur — Murphy, P.J., Carro, Ellerin and Nardelli, JJ.