ALDO RUBEIS et al., Plaintiffs,
v.
THE AQUA CLUB, INC., Doing Business as V.I.P. TENNIS & BEACH CLUB, LTD., et al., Defendants.
THE AQUA CLUB, INC., Third-Party Plaintiff-Appellant,
v.
VENEZIA IRON WORKS, INC., Third-Party Defendant-Respondent.
JORGE LARGO-CHICAIZA, Plaintiff,
v.
WESTCHESTER SCAFFOLD EQUIPMENT CORP. et al., Defendants.
VERMONT SLATE ROOF CO. et al., Third-Party Plaintiffs, and PETER B. McCAFFREY et al., Third-Party Plaintiffs-Appellants,
v.
SALVATORE SANZO, Third-Party Defendant-Respondent.
THOMAS KNAUER, Respondent,
v.
DIANE L. ANDERSON, as Executrix of WILLIAM F. ANDERSON, SR., et al., Defendants.
DIANE L. ANDERSON, as Executrix of WILLIAM F. ANDERSON, SR., et al., Third-Party Plaintiffs, and B.T.S. SERVICES, INC., Third-Party Plaintiff-Respondent,
v.
RONALD A. KNAUER, JR., Doing Business as KNAUER ELECTRIC, Third-Party Defendant-Appellant.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued October 12, 2004.
Decided November 23, 2004.
Attorney(s) appearing for the Case
Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success (Steven J. Ahmuty and Christopher Simone of counsel), for Aqua Club, Inc., defendant and third-party plaintiff-appellant in the first above-entitled action.
Michael J. Hutter, Albany, for third-party defendant-respondent in the first above-entitled action.
Fishman, Dorfman & Callahan, Pearl River (Jayne F. Monahan of counsel), for third-party plaintiffs-appellants in the second above-entitled action.
Baxter & Smith, P.C., White Plains (Robert C. Baxter and Sim R. Shapiro of counsel), for third-party defendant-respondent in the second above-entitled action.
Michael J. Hutter, Albany, and Underberg & Kessler, LLP, Buffalo (J. David Sampson of counsel), for third-party defendant-appellant in the third above-entitled action.
Connors & Vilardo, LLP, Buffalo (John T. Loss and Terrence M. Connors of counsel), for respondent in the third above-entitled action.
Gibson, McAskill & Crosby, LLP, Buffalo (Norman B. Viti, Jr., Victor Alan Oliveri and Timothy J. Graber of counsel), for third-party plaintiff-respondent in the third above-entitled action.
Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and R.S. SMITH concur with Chief Judge KAYE; Judge READ dissents and votes to affirm in a separate opinion.
Court of Appeals of the State of New York.
OPINION OF THE COURT
Chief Judge KAYE.
An employer's liability for an on-the-job injury is generally limited to workers' compensation benefits, but when an employee suffers a "grave injury" the employer also may be liable to third parties for indemnification or contribution. In the three actions before us, we are again asked to define the scope of an enumerated "grave injury" in Workers' Compensation Law §...
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