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ANTON v. WEST MANOR CONSTR. CORP.

8604, 22782/06, 85841/07.

100 A.D.3d 523 (2012)

954 N.Y.S.2d 76

ALVARO ANTON, Plaintiff, v. WEST MANOR CONSTRUCTION CORP. et al., Respondents. WEST MANOR CONSTRUCTION CORP. et al., Third-Party Plaintiffs-Respondents, v. TIEGRE MECHANICAL CORP., Third-Party Defendant-Appellant, et al., Third-Party Defendant.

Appellate Division of the Supreme Court of New York, First Department.

November 20, 2012.

As to West Manor's and Bradhurst's claims for common-law indemnification and contribution as against Tiegre, the injured plaintiff's employer, Tiegre established prima facie that plaintiff did not sustain a grave injury within the meaning of Workers' Compensation Law § 11, and West Manor and Bradhurst failed to raise an issue of fact (see Flores v Lower E. Side Serv. Ctr., Inc., 4 N.Y.3d 363

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