Legal Opinion
Fischer v. Waldbaum's, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided May 24, 2004PublishedCited by 5 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the third-party defendant appeals from an order of the Supreme Court, Suffolk County (Loughlin, J.), dated March 25, 2003, which denied its motion for summary judgment dismissing the third-party complaint.
Ordered that the order is affirmed, with costs.
Workers’ Compensation Law § 11 bars a third-party action for contribution or indemnification against an employer when its employee is injured in a work-related accident unless the employee has sustained a “grave injury” or the claim for contribution or indemnification is “based upon a…
2Cases cited4 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Majewski v. Broadalbin-Perth Central School DistrictNew York Court of Appeals · 1998
- Potter v. M.A. Bongiovanni, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Guijarro v. V.R.H. Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2002
3Cited by5 opinions
- Bovis v. Crab Meadow Enterprises, Ltd.Appellate Division of the Supreme Court of the State of New York · 2009
- Soodoo v. LC, LLCAppellate Division of the Supreme Court of the State of New York · 2014
- 405 Bedford Avenue Development Corp. v. New Metro Construction, Ltd.Appellate Division of the Supreme Court of the State of New York · 2006
- McDonald v. 450 West Side Partners, LLCAppellate Division of the Supreme Court of the State of New York · 2006
- Soodoo v. LC, LLCAppellate Division of the Supreme Court of the State of New York · 2014