Tassone v. Haggar Apparel Co.

Order unanimously reversed on the law with costs, motion denied and third-party complaint reinstated. Memorandum: 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 AD2d 931, 933; Massella v Partner Indus. Prods., 242 AD2d 870). Further, the release given by Vincent Tassone (plaintiff) to third-party defendant does not relieve…