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BROWNING v. COUNTY FENCE COMPANY, INC.

259 A.D.2d 578 (1999)

686 N.Y.S.2d 491

RONALD J. BROWNING et al., Plaintiffs, v. COUNTY FENCE COMPANY, INC., Defendant and Third-Party Plaintiff-Appellant, et al., Defendant. GRAND UNION COMPANY, Third-Party Defendant-Respondent.

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

Decided March 15, 1999.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the branch of the motion of the third-party defendant which was to dismiss the third-party complaint is denied, and the third-party complaint is reinstated.

The Supreme Court erred in concluding that Workers' Compensation Law § 11, as amended (L 1996, ch 635, § 2), was applicable to the circumstances presented here. That amendment...

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