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MASSELLA v. PARTNER INDUS. PRODS., INC.

242 A.D.2d 870 (1997)

665 N.Y.S.2d 948

Gary Massella, Appellant, v. Partner Industrial Products, Inc., et al., Defendants. Partner Industrial Products, Inc., et al., Third-Party Plaintiffs-Appellants, v. Monroe County Water Authority, Third-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

September 30, 1997

Order unanimously reversed on the law with costs, motion denied and third-party complaints reinstated.

Memorandum:

Supreme Court erred in granting third-party defendant's motion for summary judgment dismissing the third-party complaints. The 1996 amendment to Workers' Compensation Law § 11 (see, L 1996, ch 635, § 2) does not apply retroactively to bar the third-party action (see, Matie v Sealed Air Corp., 242...

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