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CAPONI v. GREAT ATL & PAC TEA

177 Misc.2d 47 (1998)

675 N.Y.S.2d 822

Joseph Caponi et al., Plaintiffs, v. Great Atlantic & Pacific Tea Co., Inc., et al., Defendants. Metheun Realty Co. et al., Third-Party Plaintiffs, v. Continental Baking Company, Inc., Third-Party Defendant.

Supreme Court, Kings County.

May 29, 1998

Attorney(s) appearing for the Case

Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis & Fishlinger, Garden City, for third-party defendant. Carole A. Burns & Associates, Mineola, for Metheun Realty Co. and others, defendants and third-party plaintiffs. Kral, Clerkin, Redmond, Ryan, Perry & Girvan, New York City, for Great Atlantic & Pacific Tea Co., Inc., defendant. Dinkes & Morelli, New York City, for plaintiffs.

VICTOR I. BARRON, J.

The motion for summary judgment is denied in all respects.

In Majewski v Broadalbin-Perth Cent. School Dist. (91 N.Y.2d 577), the Court of Appeals held that amendments to section 11 of the Workers' Compensation Law were to be applied only prospectively from the date of their passage. A question not expressly addressed in that decision is...

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