SZAROWICZ v. WEST VALLEY NUCLEAR SERVICE COMPANY INC (2000)

Supreme Court erred in denying the motion of third-party defendant for summary judgment dismissing the third-party complaint seeking indemnification and/or contribution.   The third-party action is barred by the 1996 amendment to Workers' Compensation Law § 11 because, “irrespective of the date of the accident”, the underlying personal injury action was commenced after September 10, 1996, the effective date of the amendment, and there is no claim that plaintiff Adrian J. Szarowicz, Jr. suffered a “grave injury” within the meaning of that section (Majewski v. Broadalbin-Perth Cent. School Dist., 91 N.Y.2d 577, 582, 590, 673 N.Y.S.2d 966, 696 N.E.2d 978;  see, Bartek v. Murphy, 266 A.D.2d 865, 697 N.Y.S.2d 801, lv. denied 95 N.Y.2d 756, 712 N.Y.S.2d 447, 734 N.E.2d 759).

Order unanimously reversed on the law with costs, motion granted and third-party complaint dismissed.

MEMORANDUM: