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MICHAEL MCMAHON plf-ap, v. COHEN BROTHERS REALTY CORP., def-res

3985. MICHAEL MCMAHON plf-ap, v. COHEN BROTHERS REALTY CORP., def-res — Hach & Rose, LLP, New York (Robert F. Garnsey of counsel), for ap — Carol R. Finocchio, New York (Marie R. Hodukavich of counsel), for res — Order, Supreme Court, New York County (Robert D. Kalish, J.), entered November 30, 2015, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

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3985. MICHAEL MCMAHON plf-ap, v. COHEN BROTHERS REALTY CORP., def-res — Hach & Rose, LLP, New York (Robert F. Garnsey of counsel), for ap — Carol R. Finocchio, New York (Marie R. Hodukavich of counsel), for res — Order, Supreme Court, New York County (Robert D. Kalish, J.), entered November 30, 2015, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant established prima facie that the injured plaintiff was its special employee and therefore this action is barred by the workers’ compensation law’s exclusivity provision (see Workers’ Compensation Law §§11; 29[6]; Thompson v. Grumman Aerospace Corp., 78 NY2d 553 [1991]). The comprehensive property management agreement between defendant and plaintiff’s general employer (the property owner) provided that the maintenance and repair of the building resided exclusively with defendant. Defendant interviewed and hired plaintiff, whose work as an engineer was in furtherance of defendant’s operation and maintenance of the building, and defendant had the authority to terminate plaintiff’s employment, which it ultimately exercised. Defendant provided plaintiff with the materials and equipment he needed to perform his work, and directed, supervised and controlled plaintiff’s work (see e.g. Vincente v. Silverstein Props., Inc., 83 AD3d 586 [1st Dept 2011], lv denied 17 NY3d 710 [2011]).

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