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CONTRERAS v. MALL 1-BAY PLAZA, LLC

Index No. 34407/20E. Appeal No. 17398. Case No. 2022-03032.

213 A.D.3d 601 (2023)

182 N.Y.S.3d 634

2023 NY Slip Op 01047

Julio Contreras, Plaintiff, v. Mall 1-Bay Plaza, LLC, Appellant/Third-Party Plaintiff-Appellant, et al., Defendant. Electrical Illuminations by Arnold Inc., Third-Party Defendant-Respondent.

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

Decided February 23, 2023.

Attorney(s) appearing for the Case

Kennedys CMK LLP, New York ( Michael Schneider of counsel), for appellant.

Lester Schwab Katz & Dwyer, LLP, New York ( Daniel S. Kotler of counsel), for respondent.

Concur— Renwick, J.P., González, Shulman, Rodriguez, Higgitt, JJ.

Order, Supreme Court, Bronx County (Elizabeth A. Taylor, J.), entered January 20, 2022, which granted third-party defendant's motion to dismiss the third-party complaint, unanimously affirmed, without costs.

Third-party plaintiff's (Mall 1-Bay) claims for contribution and indemnification against third-party defendant (Electrical), plaintiff's employer, were barred by Workers' Compensation Law § 11, as it was not alleged that plaintiff sustained a "grave injury...

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