Legal Opinion

Maher v. Whitehead

Appellate Division of the Supreme Court of the State of New York

Decided October 5, 1998PublishedCited by 4 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the third-party defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Bellantoni, J.), entered July 3, 1997, as denied their motion to dismiss the third-party complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly concluded that the Omnibus Worker’s Compensation Reform Act of 1996 (L 1996, ch 635, § 2), is inapplicable under the circumstances presented (see, Majewski v Broadalbin-Perth Cent. School Dist., 91 NY2d 577; cf.,…

2Cases cited5 opinions

  1. Majewski v. Broadalbin-Perth Central School DistrictNew York Court of Appeals · 1998
  2. Morales v. WalterAppellate Division of the Supreme Court of the State of New York · 1997
  3. Blessinger v. Estee Lauder CompaniesAppellate Division of the Supreme Court of the State of New York · 1998
  4. Seymour v. Victor Balata Belting Co.New York Supreme Court · 1997
  5. Caponi v. Great Atlantic & Pacific Tea Co.New York Supreme Court · 1998

3Cited by4 opinions

  1. Brown v. StateAppellate Division of the Supreme Court of the State of New York · 2000
  2. Browning v. County Fence Co.Appellate Division of the Supreme Court of the State of New York · 1999
  3. Whitmore v. Anthony Russo, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
  4. Dudek v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 2005

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