KONIOR v. ZUCKER


299 A.D.2d 320 (2002)

749 N.Y.S.2d 86

SLAWOMIR KONIOR, Plaintiff, v. DONALD ZUCKER et al., Defendants and Third-Party Plaintiffs-Respondents, et al., Defendant. WONDERWORKS CONSTRUCTION CORP., Third-Party Defendant-Appellant, et al., Third-Party Defendant.

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

Decided November 4, 2002.


Ordered that the order is reversed insofar as appealed from, with costs, the motion is granted, the third-party complaint is dismissed insofar as asserted against the appellant, and the third-party action against the remaining third-party defendant is severed.

The Workers' Compensation Board determined that the plaintiff was an employee of the third-party defendant Wonderworks Construction Corp. (hereinafter Wonderworks). The plaintiff commenced the present action...

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