Martin v. Paisner

Appellate Division of the Supreme Court of New York

Martin v. Paisner

253 A.D.2d 798, 677 N.Y.S.2d 502, 1998 N.Y. App. Div. LEXIS 9648

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

DecidedSeptember 21, 1998

StatusPublished

Cited by2 cases

This text of 253 A.D.2d 798 (Martin v. Paisner) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Martin v. Paisner, 253 A.D.2d 798, 677 N.Y.S.2d 502, 1998 N.Y. App. Div. LEXIS 9648 (N.Y. Ct. App. 1998).

Pincite

Opinion

—In an action to recover damages for personal injuries, the third-party defendant, Garay Construction, Inc., appeals from an order of the Supreme Court, Westchester County (Colabella, J.), entered March 13, 1997, which denied its motion for summary judgment dismissing the third-party complaint and all cross claims asserted against it on the ground that they are barred by the Omnibus Workers’ Compensation Reform Act of 1996.

Ordered that the order is affirmed, with costs to the defendants Ron Paisner and Lizl Construction Corp.

We decline the third-party defendant’s invitation to reconsider our opinion in Morales v Gross (230 AD2d 7) that the Omnibus Workers’ Compensation Reform Act of 1996 (L 1996, ch 635, §§ 2-9) does not apply retroactively to cases pending at the time of its enactment (see also, Majewski v Broadalbin-Perth Cent. School Dist., 231 AD2d 102, affd 91 NY2d 577). O’Brien, J. P., Joy, Altman and Luciano, JJ., concur.

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—In an action to recover damages for personal injuries, the third-party defendant, Garay Construction, Inc., appeals from an order of the Supreme Court, Westchester County (Colabella, J.), entered March 13, 1997, which denied its motion for summary judgment dismissing the third-party complaint and all cross claims asserted against it on the ground that they are barred by the Omnibus Workers’ Compensation Reform Act of 1996.

Ordered that the order is affirmed, with costs to the defendants Ron Paisner and Lizl Construction Corp.

We decline the third-party defendant’s invitation to reconsider our opinion in Morales v Gross (230 AD2d 7) that the Omnibus Workers’ Compensation Reform Act of 1996 (L 1996, ch 635, §§ 2-9) does not apply retroactively to cases pending at the time of its enactment (see also, Majewski v Broadalbin-Perth Cent. School Dist., 231 AD2d 102, affd 91 NY2d 577). O’Brien, J. P., Joy, Altman and Luciano, JJ., concur.

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Bluebook (online)

253 A.D.2d 798, 677 N.Y.S.2d 502, 1998 N.Y. App. Div. LEXIS 9648, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-paisner-nyappdiv-1998.

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