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DUDEK v. METRO. TRANSP. AUTH.

24 A.D.3d 21 (2005)

801 N.Y.S.2d 50

WOJCIECH DUDEK et al., Respondents, v. METROPOLITAN TRANSPORTATION AUTHORITY OF STATE OF NEW YORK et al., Defendants and Third-Party Plaintiffs-Respondents, and LEADCARE, INC., Also Known as LEAD ABATEMENT MONITORING & DESIGN SERVICES, Defendant and Third-Party Defendant and Second Third-Party Plaintiff-Respondent. SAFEWAY ENVIRONMENTAL CORP., Second Third-Party Defendant-Appellant.

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

September 6, 2005.

Attorney(s) appearing for the Case

Douglas J. Hayden, New York City (Peter J. Madison and Michael J. Hutter of counsel), for second third-party defendant-appellant.

Bauman & Kunkis, P.C., New York City (Jay L. T. Breakstone of counsel), for plaintiffs-respondents.

Babchik & Young, LLP, White Plains (Jordan Sklar and Jack Babchik of counsel), for defendants and third-party plaintiffs-respondents.

Marshall, Conway & Wright, P.C. (Mauro Goldberg & Lilling, LLP, Great Neck [Caryn L. Lilling and Anthony F. DeStefano] of counsel), for defendant and third-party defendant and second third-party plaintiff-respondent.

RITTER, LUCIANO and LIFSON, JJ., concur.

OPINION OF THE COURT

COZIER, J.P.

On September 10, 1996, Workers' Compensation Law § 11 was amended by the Omnibus Workers' Compensation Reform Act (L 1996, ch 635, § 2 [hereinafter the Act]) to restrict contribution and common-law indemnification claims against employers to cases where an employee suffers a "grave injury." The issue on this appeal is whether, in a workplace accident personal injury...

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