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FLORES v. LOWER E. SIDE SERV.

4 N.Y.3d 363 (2005)

828 N.E.2d 593

795 N.Y.S.2d 491

MOSES FLORES, Plaintiff, v. THE LOWER EAST SIDE SERVICE CENTER, INC., Defendant and Third-Party Plaintiff-Appellant. PROCIDA REALTY AND CONSTRUCTION CORP., Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided March 29, 2005.

Attorney(s) appearing for the Case

Mauro Goldberg & Lilling LLP, Great Neck (Kenneth Mauro and Jennifer B. Ettenger of counsel), and Kral, Clerkin, Redmond, Ryan, Perry & Girvan, New York City, for defendant and third-party plaintiff-appellant.

Abrams, Gorelick, Friedman & Jacobson, P.C., New York City (Steven DiSiervi of counsel), for third-party defendant-respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, READ and R.S. SMITH concur.

OPINION OF THE COURT

GRAFFEO, J.

Workers' Compensation Law § 11 permits an owner to bring a third-party claim against an injured worker's employer in only two circumstances: where the injured worker has suffered a "grave injury" or the employer has entered into a written contract to indemnify the owner. The issue in this case is whether the "written contract" provision in section 11 requires a signed...

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