TASSONE v. HAGGAR APPAREL COMPANY (1999)

 Supreme Court erred in granting third-party defendant's motion for summary judgment dismissing the third-party complaint.   The 1996 amendment to Workers' Compensation Law § 11 (see, L.1996, ch. 635, § 2) does not apply retroactively to bar the third-party action (see, Regensdorfer v. Central Buffalo Project Corp., 247 A.D.2d 931, 933, 668 N.Y.S.2d 291;  Massella v. Partner Indus. Prods., 242 A.D.2d 870, 665 N.Y.S.2d 948).   Further, the release given by Vincent Tassone (plaintiff) to third-party defendant does not relieve third-party defendant from liability to third-party plaintiffs for contribution pursuant to General Obligations Law § 15-108(b).   That section applies to releases “given to one of two or more persons liable or claimed to be liable in tort for the same injury” (General Obligations Law § 15-108[a] ).   As plaintiff's employer, third-party defendant cannot be held liable in tort;  its liability under the Workers' Compensation Law is “exclusive and in place of any other liability whatsoever” (Workers' Compensation Law § 11;  see, Gonzales v. Armac Indus., 81 N.Y.2d 1, 9, 595 N.Y.S.2d 360, 611 N.E.2d 261).   Thus, plaintiff had no tort claim against third-party defendant that could be released, and General Obligations Law § 15-108(b) does not bar the third-party action for contribution.

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

MEMORANDUM: