TAYLOR v. EDWARD GORDON COMPANY INC

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

William TAYLOR, et al., Plaintiffs, v. EDWARD S. GORDON COMPANY, INC., Defendant.

Chase Manhattan Bank, Third-Party Plaintiff, Edward S. Gordon Company, Inc., Third-Party Plaintiff-Appellant, v. Petrocelli Electric, Inc., Third-Party Defendant-Respondent.

Decided: February 18, 1999

SULLIVAN, J.P., ELLERIN, LERNER and RUBIN, JJ. Carol R. Finocchio, for third-party plaintiff-appellant.

Orders, Supreme Court, New York County (Alfred Toker, J.H.O.), entered March 20 and April 17, 1997, which, insofar as appealed from, dismissed third-party plaintiff's claims for common-law indemnification and contribution on the ground that they do not lie under the recently amended Workers' Compensation Law, unanimously reversed, on the law, without costs, insofar as appealed from, and such third-party claims are reinstated.

The sole issue is whether the recent amendments to § 11 of the Workers' Compensation Law should be applied retroactively.   That question has been answered in the negative in Majewski v. Broadalbin-Perth Cent. School Dist. (91 N.Y.2d 577, 673 N.Y.S.2d 966, 696 N.E.2d 978;  see also, Doria v. Cooke Props., 245 A.D.2d 59, 664 N.Y.S.2d 798).

MEMORANDUM DECISION.