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HARRIS v. METROPOLITAN INS.

183 Misc.2d 431 (2000)

703 N.Y.S.2d 703

MORGAN HARRIS, SR., Plaintiff, v. METROPOLITAN LIFE INSURANCE CO. et al., Defendants. LEHR CONSTRUCTION CORPORATION, Third-Party Plaintiff, v. FOREST ELECTRIC CORPORATION, Third-Party Defendant.

Supreme Court, Queens County.

February 1, 2000.

Attorney(s) appearing for the Case

London Fischer L. L. P., New York City (John B. Mullahy of counsel), for third-party defendant.

Barry, McTiernan & Moore, New York City, for Lehr Construction Corporation, defendant and third-party plaintiff.

David P. Kownacki, P. C., New York City, for plaintiff.

Silverstein & Hurowitz, New York City, for Metropolitan Life Insurance Co., defendant.

White, Quinlan, Staley & Ledwith, Garden City, for A.J. Contracting Co., Inc., defendant.

OPINION OF THE COURT

ARNOLD N. PRICE, J.

Third-party defendant Forest Electric Corporation (hereinafter Forest) moves for summary judgment dismissing the common-law indemnification claims of third-party plaintiff Lehr Construction Corporation (hereinafter Lehr) on the ground that plaintiff Morgan Harris, Sr. did not suffer a "grave injury" within the meaning of Workers' Compensation Law § 11. Lehr cross-moves for leave to amend its complaint to add...

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