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DYLAWATIE BHARAT, plf-ap, v. THE BRONX LEBANON HOSPITAL CENTER, def-res

10098-10099. DYLAWATIE BHARAT, plf-ap, v. THE BRONX LEBANON HOSPITAL CENTER, def-res — Scarola, Benincasa & Mouzakitis PLLC, Flushing (Michael Mouzakitis of counsel), for ap — Wenick & Finger, P.C., New York (Frank J. Wenick of counsel), for res — Judgment, Supreme Court, Bronx County (Stanley Green, J.), entered April 24, 2012, dismissing the complaint, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered on or about March 12, 2012, granting defendant's motion for summary judgment, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

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10098-10099. DYLAWATIE BHARAT, plf-ap, v. THE BRONX LEBANON HOSPITAL CENTER, def-res — Scarola, Benincasa & Mouzakitis PLLC, Flushing (Michael Mouzakitis of counsel), for ap — Wenick & Finger, P.C., New York (Frank J. Wenick of counsel), for res — Judgment, Supreme Court, Bronx County (Stanley Green, J.), entered April 24, 2012, dismissing the complaint, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered on or about March 12, 2012, granting defendant’s motion for summary judgment, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

Because defendant demonstrated conclusively that it assumed exclusive control over the manner, details and ultimate result of plaintiff’s work, the summary adjudication of plaintiff’s special employment status and consequent dismissal of the action was proper (see Thompson v. Grumman Aerospace Corp., 78 NY2d 553, 557-558 [1991]; Warner v. Continuum Health Care Partners, Inc., 99 AD3d 636 [1st Dept 2012]).

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