SZAROWICZ v. WEST VALLEY NUCLEAR SERVICE COMPANY, INC.


272 A.D.2d 996 (2000)

707 N.Y.S.2d 740

ADRIAN J. SZAROWICZ, JR., et al., Respondents, v. WEST VALLEY NUCLEAR SERVICE COMPANY, INC., et al., Defendants. WEST VALLEY NUCLEAR SERVICE COMPANY, INC., et al., Third-Party Plaintiffs-Respondents, v. FERGUSON ELECTRIC CONSTRUCTION CO., Third-Party Defendant-Appellant.

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

Decided May 10, 2000.


Order unanimously reversed on the law with costs, motion granted and third-party complaint dismissed.

Memorandum:

Supreme Court erred in denying the motion of third-party defendant for summary judgment dismissing the third-party complaint seeking indemnification and/or contribution. The third-party action is barred by the 1996 amendment to Workers' Compensation Law § 11 because, "irrespective of the date of the accident," the underlying personal injury...

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