In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Richmond County (McMahon, J.), entered April 10, 2009, as, upon renewal, in effect, vacated a prior order of the same court dated January 9, 2009, denying the defendant’s motion for summary judgment dismissing the complaint, and thereupon granted the defendant’s motion for summary judgment dismissing the complaint.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and, upon renewal, the order dated January 9, 2009, denying the defendant’s motion for summary judgment dismissing the complaint is adhered to.
The protection against lawsuits brought by injured workers
We also reject the defendant’s contention that the plaintiff was its “special employee.” It has long been established that a worker “may be in the general employment of one master and the special employment of another” (Murray v Union Ry. Co. of N.Y. City, 229 NY 110, 112-113 [1920]). Such a relationship is formed where a worker is “transferred for a limited time of whatever duration to the service of another” (Thompson v Grumman Aerospace Corp., 78 NY2d 553, 557 [1991]). Although “no one [factor] is decisive,” the question of “who controls and directs the manner, details and ultimate result of the employee’s work” is a “significant and weighty feature” of the analysis (id. at 558). In analyzing the question of special employment, the “[e]ssential” question is whether there is a “working relationship with the injured plaintiff sufficient in kind and degree so that the third party, or the third party’s employer, may be
Here, the defendant failed to make a prima facie showing that it controlled the plaintiffs work or that the plaintiff was its special employee on another theory (see Fung v Japan Airlines Co., Ltd., 9 NY3d at 359; Thompson v Grumman Aerospace Corp., 78 NY2d at 558; Degale-Selier v Preferred Mgt. & Leasing Corp., 57 AD3d 825, 826 [2008]; Ugijanin v 2 W. 45th St. Joint Venture, 43 AD3d 911, 913 [2007]). Accordingly, this contention does not supply an alternative ground for affirming the Supreme Court’s order (see Parochial Bus Sys. v Board of Educ. of City of N.Y., 60 NY2d 539 [1983]). Skelos, J.P., Eng, Hall and Lott, JJ., concur.