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COLON v. BELMONT REALTY COMPANY

299 A.D.2d 218 (2002)

749 N.Y.S.2d 142

ULPIANO COLON et al., Respondents, v. BELMONT REALTY COMPANY et al., Defendants and Third-Party Plaintiffs-Appellants. NEW YORK TELEPHONE & TELEGRAPH, INC., Third-Party Defendant-Respondent, et al., Third-Party Defendant.

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

Decided November 14, 2002.

The third-party action was properly dismissed as against the employer on the ground that the main action was commenced after the September 10, 1996 effective date of the amendment to Workers' Compensation Law § 11 prohibiting any contribution and indemnity claims against a plaintiff's employer unless that plaintiff sustained a "grave injury" (Majewski v Broadalbin-Perth Cent. School Dist., 91 N.Y.2d 577). It does not avail the...

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