JOSE RODRIGUES et al., Plaintiffs,
v.
N & S BUILDING CONTRACTORS, INC., Defendant and Third-Party Plaintiff-Appellant, et al., Defendant.
CALDAS CONCRETE COMPANY, INC., et al., Third-Party Defendants-Respondents.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued September 14, 2005.
Decided October 20, 2005.
Attorney(s) appearing for the Case
Goldberg Segalla LLP, Albany (Matthew S. Lerner and Gary J. O'Donnell of counsel), for defendant and third-party plaintiff-appellant.
Hanlon, Veloce & Wilkinson, Albany (Thomas J. Wilkinson of counsel), for third-party defendants-respondents.
Hiscock & Barclay, LLP, Albany (Mark R. Sonders and Colleen D. Galligan of counsel), for New York State Builders Association, Inc., amicus curiae.
Before: G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and R.S. SMITH concur with Chief Judge KAYE; Judge READ dissents in a separate opinion.
Court of Appeals of the State of New York.
OPINION OF THE COURT
Chief Judge KAYE.
Workers' Compensation Law § 11 prohibits third-party indemnification or contribution claims against employers, except where the employee sustained a "grave injury," or the claim is "based upon a provision in a written contract entered into prior to the accident or occurrence by which the employer had expressly agreed to contribution to or indemnification of the claimant...
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