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WHITMORE v. ANTHONY RUSSO, INC.

266 A.D.2d 282 (1999)

699 N.Y.S.2d 57

EUGENE WHITMORE et al., Plaintiffs, v. ANTHONY RUSSO, INC., et al., Defendants, ARTOCK CONSTRUCTION CORP., Defendant and Third-Party Plaintiff-Appellant. GREAT ATLANTIC & PACIFIC TEA COMPANY, Third-Party Defendant-Respondent.

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

Decided November 8, 1999.

Ordered that the order is reversed, on the law, with costs, and the motion for reargument is denied.

The Supreme Court erred in dismissing the third-party action pursuant to the Omnibus Worker's Compensation Reform Act (Workers' Compensation Law § 11, as amended by L 1996, ch 635) (hereinafter the Act). While the third-party action was commenced after the effective date of the Act, the main action was commenced by the plaintiffs before the effective date. Accordingly...

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