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ELLERS v. C. RAIMONDO & SON CONSTRUCTION CO.

277 A.D.2d 156 (2000)

717 N.Y.S.2d 104

DONALD ELLERS, Respondent, v. C. RAIMONDO & SON CONSTRUCTION CO. et al., Appellants. C. RAIMONDO & SON CONSTRUCTION CO., INC., Third-Party Plaintiff-Appellant, v. FIVE (5) STAR BUILDERS CORP., Third-Party Defendant-Respondent, et al., Third-Party Defendants. NEWBURGH STEEL PRODUCTS, INC., Second Third-Party Plaintiff-Appellant, v. FIVE (5) STAR BUILDERS CORP., Second Third-Party Defendant-Respondent, et al., Second Third-Party Defendants.

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

Decided November 28, 2000.

The motion court's grant of renewal to third-party defendant Five Star was justified to avoid apparently inconsistent determinations within this action as to the applicability of the Omnibus Workers' Compensation Reform Act of 1996, which amended Workers' Compensation Law § 11 to provide in relevant part that, effective September 10, 1996, "[a]n employer shall not be liable for contribution or indemnity to any third person based upon liability for injuries sustained...

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