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MAJEWSKI v. BROADALBIN-PERTH

91 N.Y.2d 577 (1998)

696 N.E.2d 978

673 N.Y.S.2d 966

Thomas Majewski, Respondent, v. Broadalbin-Perth Central School District, Defendant and Third-Party Plaintiff-Respondent. Adirondack Mechanical Corporation, Third-Party Defendant-Appellant.

Court of Appeals of the State of New York.

Decided May 12, 1998.

Attorney(s) appearing for the Case

Thuillez, Ford, Gold & Johnson, L. L. P., Albany (Michael J. Hutter, Dale M. Thuillez and Debra J. Schmidt of counsel), and James P. O'Connor, New York City, for third-party defendant-appellant.

Richard T. Aulisi, Gloversville, and Thorn and Gershon, Albany (Robert F. Doran and Paul D. Jureller of counsel), for respondent.

Maynard, O'Connor, Smith & Catalinotto, L. L. P., Albany (Leslie B. Neustadt and Michael E. Catalinotto of counsel), for defendant and third-party plaintiff-respondent.

Dennis C. Vacco, Attorney-General, Albany (Barbara G. Billet, Peter H. Schiff and Michael S. Buskus of counsel), for State of New York, amicus curiae.

Menagh, Trainor, Mundo & Falcone, P. C., New York City (Christopher A. Bacotti of counsel), for Electrical Employers Self Insurance Safety Plan, amicus curiae.

Schneider, Kleinick, Weitz, Damashek & Shoot, New York City (Brian J. Shoot, Harry Steinberg and John C. Cherundolo of counsel), for New York State Trial Lawyers Association, amicus curiae.

Chief Judge KAYE and Judges TITONE, BELLACOSA, LEVINE, CIPARICK and WESLEY concur.

SMITH, J.

This case requires this Court to examine whether certain amendments to the Workers' Compensation Law should be construed as retroactively applicable to pending actions. We conclude that the Appellate Division properly held that the relevant provisions of the new legislation should not apply to actions pending on the effective date of the amendments. Rather, the provisions should be applied prospectively...

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