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FERRI v. 63 MADISON ASSOCIATES, L.P.

280 A.D.2d 419 (2001)

720 N.Y.S.2d 789

PETER FERRI, SR., et al., Plaintiffs, v. 63 MADISON ASSOCIATES, L. P., et al., Defendants. NEW YORK LIFE INSURANCE CO., INC., Third-Party Plaintiff-Respondent, v. H.C. KRANICHFELD, INC., Third-Party Defendant-Appellant.

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

Decided February 22, 2001.

Since the second paragraph of Workers' Compensation Law § 11, as added by the Omnibus Workers' Compensation Reform Act of 1996 (L 1996, ch 635, § 2), explicitly and unequivocally requires that any contract for indemnification be written and entered into prior to the accident or occurrence, which is not the case here, New York Life's claim is barred, and the cross-motion court erred in denying Kranichfeld's motion for summary...

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