Germanovich v. Bethlehem Steel Corp.

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: In this Labor Law action, Supreme Court erred in using the effective date of the Omnibus Workers’ Compensation Reform Act of 1996 (L 1996, ch 635, § 2) to limit the right of defendants and third-party plaintiffs to common-law indemnification from third-party defendant (see, Matie v Sealed Air Corp., 242 AD2d 863). In the absence of proof in admissible form that the liability of defendants and third-party plaintiffs was other than vicarious, each is entitled to a…