Rodriguez v Columbia Pictures Indus., Inc.
2017 NY Slip Op 08613 [156 AD3d 447]
December 7, 2017
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 24, 2018
As corrected through Wednesday, February 7, 2018


[*1]
 Ryan Rodriguez et al., Respondents,
v
Columbia Pictures Industries, Inc., Appellant, et al., Defendants.

Strongin Rothman & Abrams, LLP, New York (Lena Davydan and Howard F. Strongin of counsel), for appellant.

Purcell & Ingrao, P.C., Mineola (George F. Sacco of counsel), for respondents.

Order, Supreme Court, New York County (Joan A. Madden, J.), entered on or about July 26, 2016, which, insofar as appealed from, denied defendant Columbia Pictures Industries, Inc.'s motion for summary judgment dismissing the common-law negligence and Labor Law § 200 claims as against it, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

Plaintiff Ryan Rodriguez was injured while working on the set of a movie for which defendant was the production company. Defendant demonstrated prima facie that it is entitled to benefit, as plaintiff's "special employer," from the exclusive remedy doctrine of the Workers' Compensation Law (see Workers' Compensation Law § 11; Fung v Japan Airlines Co., Ltd., 9 NY3d 351, 358-359 [2007]).

In opposition, plaintiff failed to raise an issue of fact. Concur—Manzanet-Daniels, J.P., Mazzarelli, Kapnick and Webber, JJ.