Meis v. ELO Organization, L. L. C.

Tom, J. P.,

dissents in a Memorandum as follows: In consideration of the Legislature’s clear intent in amending section 11 of the Workers’ Compensation Law to legislatively overrule Dole v Dow Chem. Co. (30 NY2d 143) except in a narrowly defined, and necessarily narrowly construed, set of circumstances, I respectfully dissent and would reverse to dismiss the subject third-party actions.

The basic facts are straightforward, relatively undisputed and require little elaboration. Plaintiff was employed by third-party defendant-appellant Spartan Plumbing & Heating, Inc. during June 1996, when he was…