ALULEMA v. ZEV ELEC. CORP.

8051. 23539/13E.

168 A.D.3d 469 (2019)

90 N.Y.S.3d 171

2019 NY Slip Op 00200

Carlos Alulema, Plaintiff, v. ZEV Electrical Corp. et al., Defendants. ZEV Electrical Corp. et al., Third-Party Plaintiffs-Respondents, v. Nationwide Maintenance & General Contracting Inc. et al., Third-Party Defendants-Appellants.

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

Decided January 10, 2019.


"An employer's liability for an on-the-job injury is generally limited to workers' compensation benefits, but when an employee suffers a `grave injury' the employer also may be liable to third parties for indemnification or contribution" (Rubeis v Aqua Club, Inc., 3 N.Y.3d 408, 412-413 [2004]). Under Workers' Compensation Law § 11, the definition of "grave injury" includes "an acquired injury to the brain caused by an external...

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