Opinion
May 17, 1999
Appeal from the Supreme Court, Queens County (Golia, J.).
Ordered that the appeal from the order dated April 27, 1998, is dismissed, as that order was superseded by the order dated August 21, 1998, made upon reargument; and it is further,
Ordered that the order dated August 21, 1998, is affirmed insofar as appealed from; and it is further,
Ordered that the respondent is awarded one bill of costs.
The Omnibus Workers' Compensation Act of 1996 (Workers' Compensation Law § 11 Work. Comp., as amended, L 1996, ch 635, § 2; hereinafter the Act), does not bar a third-party action against an employer premised upon the employer's alleged breach of an agreement to procure liability insurance ( Majewski v. Broadalbin-Perth Cent. School Dist., 91 N.Y.2d 577; Morales v. Gross, 230 A.D.2d 7; cf., Kinney v. Lisk Co., 76 N.Y.2d 215; see also, Kinns v. Schulz, 131 A.D.2d 957; Yauchler v. Bailey, 116 A.D.2d 905). Accordingly, the Supreme Court properly denied that branch of the third-party defendants' motion which sought dismissal of this claim under the Act.
The third-party defendants' remaining contentions are without merit.
Thompson, J. P., Sullivan, Joy and Schmidt, JJ., concur.