ESPOSITO v. EXCAVATION


258 A.D.2d 555 (1999)

683 N.Y.S.2d 895

RICHARD ESPOSITO et al., Plaintiffs, v. BOB IKO EXCAVATION, Defendant and Third-Party Plaintiff-Respondent. YELLOW FREIGHT SYSTEM, INC., Third-Party Defendant-Appellant.

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

Decided February 16, 1999.


Ordered that the order is affirmed, with costs.

The Supreme Court properly concluded that the Omnibus Workers' Compensation Act of 1996 (L 1996, ch 635, § 2) is inapplicable under the circumstances presented, i.e., where the main action was pending at the time that statute became effective but the third-party action was commenced shortly thereafter (see, Majewski v Broadalbin-Perth Cent. School Dist.,

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases