Zurheide v. S-C Associates, LP, S-C
Decision Date | 02 March 1998 |
Docket Number | S-C |
Court | New York Supreme Court — Appellate Division |
Parties | 1998 N.Y. Slip Op. 1890 Peter C. ZURHEIDE, et al., Plaintiffs, v.ASSOCIATES, LP, Defendant Third-Party Plaintiff-Respondent, et al., Defendant; AT & T Corp., Third-Party Defendant-Appellant. |
Boeggeman, George, Hodges & Corde, P.C., White Plains (Leslie K. Arfine, of counsel), for third-party defendant-appellant.
Brody & Fabiani, New York City (Daniel O. Dietchweiler, of counsel), for defendant third-party plaintiff-respondent.
In an action to recover damages for personal injuries, the third-party defendant AT & T Corp. appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Silverman, J.), entered May 14, 1997, as denied its cross motion for summary judgment dismissing the third-party complaint.
ORDERED that the order is affirmed insofar as appealed from, with costs.
Workers' Compensation Law § 11, as amended (L.1996, ch. 635, § 2), is to be applied prospectively and is thus inapplicable here, where the underlying injury occurred before the effective date of the amendment (see, Morales v. Gross, 230 A.D.2d 7, 657 N.Y.S.2d 711; Delacruz v. Wistyn, NYLJ, Nov 3, 1997, at 27, col 6; Seymour v. Victor Balata Belting Co., 174 Misc.2d 677, 665 N.Y.S.2d 1010; see also, Massella v. Partner Indus. Products, --- A.D.2d ----, 665 N.Y.S.2d 948; Doria v. Cooke Properties, --- A.D.2d ----, 664 N.Y.S.2d 798; Majewski v. Broadalbin-Perth Cent. School Dist., 231 A.D.2d 102, 111, 661 N.Y.S.2d 293).
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...instead seems to place primary importance on the date of the filing of the action. The Second Department decided Zurheide v. S-C Associates, 669 N.Y.S.2d 852 (N.Y.App.Div.1998), on March 2, 1998, also subsequent to the submission of this motion to the Magistrate Judge, but prior to the Maje......