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DEPAOLA v. ALBANY MEDICAL COLLEGE

40 A.D.3d 678 (2007)

834 N.Y.S.2d 866

MICHELLE DEPAOLA, Plaintiff, v. ALBANY MEDICAL COLLEGE et al., Defendants, and FUNERAL SERVICE DEPARTMENT OF THE FACULTY-STUDENT ASSOCIATION OF HUDSON VALLEY COMMUNITY COLLEGE, INC., Defendant and Third-Party Plaintiff-Appellant. NEW YORK UNIVERSITY COLLEGE OF DENTISTRY et al., Third-Party Defendants-Respondents.

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

Decided May 8, 2007.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the third-party defendants' motion for summary judgment dismissing the third-party complaint seeking contribution and indemnification. In response to the third-party defendants' prima facie showing that the plaintiff did not sustain a "grave injury" as defined by the statute, the defendant third-party plaintiff failed to raise a triable issue of fact (see Workers' Compensation...

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