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FISCHER v. WALDBAUM'S, INC.

7 A.D.3d 756 (2004)

776 N.Y.S.2d 904

RONALD FISCHER et al., Plaintiffs, v. WALDBAUM'S, INC., et al., Defendants and Third-Party Plaintiffs-Respondents. TOMCO MECHANICAL CORPORATION, Third-Party Defendant-Appellant.

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

May 24, 2004.

Ordered that the order is affirmed, with costs.

Workers' Compensation Law § 11 bars a third-party action for contribution or indemnification against an employer when its employee is injured in a work-related accident unless the employee has sustained a "grave injury" or the claim for contribution or indemnification is "based upon a provision in a written contract entered into prior to the accident or occurrence by which the employer had expressly agreed to contribution...

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