Opinion
February 16, 1999
Appeal from the Supreme Court, Orange County (Murphy, J.).
Ordered that the order is affirmed, with costs.
The Supreme Court properly concluded that the Omnibus Workers' Compensation Act of 1996 (L 1996, ch 635, § 2) is inapplicable under the circumstances presented, i.e., where the main action was pending at the time that statute became effective but the third-party action was commenced shortly thereafter (see, Majewski v. Broadalbin-Perth Cent. School Dist., 91 N.Y.2d 577, 590; cf., Morales v. Gross, 230 A.D.2d 7; see also, Maher v. Whitehead, 254 A.D.2d 263; Blessinger v. Estee Lauder Cos., 246 A.D.2d 363; Caponi v. Great Atl. Pac. Tea Co., 177 Misc.2d 47, 49; Delacruz v. Wistyn, NYLJ, Nov. 3, 1997, at 27, col 6; Seymour v. Balata Belting Co., 174 Misc.2d 677).
Bracken, J. P., O'Brien, Thompson and Friedmann, JJ., concur.