CAUSEWELL v. BARNES AND NOBLE BOOKSTORES INC 716

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Supreme Court, Appellate Division, Second Department, New York.

Yvonne CAUSEWELL, Respondent, v. BARNES AND NOBLE BOOKSTORES, INC., d/b/a Barnes and Noble Bookstore No. 716, et al., Appellants.

Decided: April 28, 1997

Before ROSENBLATT, J.P., and COPERTINO, PIZZUTO, KRAUSMAN and FLORIO, JJ. Oshman & Helfenstein, LLP, New York City (Heidi M. Weiss, of counsel), for appellants. Steven Siegel, P.C., Kew Gardens (Aviva L. Weinbach Levy, of counsel), for respondent.

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Rappaport, J.), dated September 30, 1996, which denied their motion for summary judgment dismissing the complaint on the ground that the action was barred by the Workers' Compensation Law.

ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The record discloses that the plaintiff was placed in the temporary employ of the defendant Barnes and Noble Bookstores, Inc., d/b/a Barnes and Noble Bookstore No. 716 (hereinafter Barnes and Noble), by a temporary employment agency.   Barnes and Noble employees exclusively controlled and directed the manner, details, and ultimate result of the plaintiff's work while on the premises owned by Barnes and Noble where the accident occurred.   Thus, the plaintiff was a “special employee” of Barnes and Noble as a matter of law, and the complaint should have been dismissed as barred by the Workers' Compensation Law (see, Thompson v. Grumman Aerospace Corp., 78 N.Y.2d 553, 578 N.Y.S.2d 106, 585 N.E.2d 355;  Olsen v. We'll Manage, 214 A.D.2d 715, 625 N.Y.S.2d 301;  Garner v. Two Exch. Plaza Partners, 215 A.D.2d 352, 625 N.Y.S.2d 649;  Schulze v. Associated Univs., 212 A.D.2d 588, 622 N.Y.S.2d 570;  Hoskins v. MIA Assocs., 201 A.D.2d 459, 609 N.Y.S.2d 799;  Carreras v. Lawrence Aviation Indus., 201 A.D.2d 693, 609 N.Y.S.2d 840;  Cameli v. Pace Univ., 131 A.D.2d 419, 516 N.Y.S.2d 228).

MEMORANDUM BY THE COURT.

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