Dudek v. Metropolitan Transportation Authority

OPINION OF THE COURT

Cozier, J.P

On September 10, 1996, Workers’ Compensation Law § 11 was amended by the Omnibus Workers’ Compensation Reform Act (L 1996, ch 635, § 2 [hereinafter the Act]) to restrict contribution and common-law indemnification claims against employers to cases where an employee suffers a “grave injury.” The issue on this appeal is whether, in a workplace accident personal injury action commenced before the effective date of the Act, and in which action the defendants implead a nonemployer as a third-party defendant after the effective date of the Act, the “grave injury”…