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MORALES v. GROSS

230 A.D.2d 7 (1997)

657 N.Y.S.2d 711

Raymond A. Morales, Plaintiff, v. Walter J. Gross et al., Defendants, and Vanderbilt Associates, Defendant and Third-Party Plaintiff-Respondent. Ullman Company, Inc., Third-Party Defendant-Appellant

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

April 21, 1997

Attorney(s) appearing for the Case

Goldberg & Carlton, New York City (Gary M. Carlton, Robert Goldberg and Steven S. Efron of counsel), for third-party defendant-appellant.

Kelly & McGlynn, New York City (Martin M. McGlynn of counsel), for defendant third-party plaintiff-respondent.

COPERTINO, J. P., KRAUSMAN and FLORIO, JJ., concur.

THOMPSON, J.

The principal issue before us is whether certain sections of the so-called Omnibus Workers' Compensation Reform Act of 1996 (L 1996, ch 635, §§ 2-9 [hereinafter the Act]) should be applied retroactively to cases pending at the time of their enactment. We conclude that they should not, and affirm the order appealed from.

The facts reveal that the plaintiff Raymond Morales allegedly...

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