IBARRA v. EQUIP. CONTROL


268 A.D.2d 13 (2000)

707 N.Y.S.2d 208

ROMAN IBARRA, Plaintiff, v. EQUIPMENT CONTROL, INC., Defendant and Third-Party Plaintiff-Respondent. ATLANTIC WASTE DISPOSAL, INC., Third-Party Defendant-Appellant; EMPIRE STATE RECYCLING CORPORATION, Third-Party Defendant-Respondent.

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

May 8, 2000.


Attorney(s) appearing for the Case

Jacobowitz, Garfinkel & Lesman, New York City (Fiedelman & McGaw [James K. O'Sullivan] of counsel), for third-party defendant-appellant.

Lewis, Johs, Avallone, Aviles & Kaufman (John M. Denby of counsel), East Setauket, for defendant and third-party plaintiff-respondent.

Lester Schwab Katz & Dwyer, L. L. P., New York City (Annette G. Hasapidis and Steven B. Prystowsky of counsel), for third-party defendant-respondent.

LUCIANO, H. MILLER and FEUERSTEIN, JJ., concur.


OPINION OF THE COURT

SULLIVAN, J. P.

On the instant appeal, we must determine whether the 1996 amendment to section 11 of the Workers' Compensation Law, which became effective on September 10, 1996, is applicable to the common-law contribution and indemnification claims asserted against Atlantic Waste Disposal, Inc. (hereinafter Atlantic), and involving work-related injuries suffered by an employee of Atlantic prior to the effective date of the amendment...

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