Opinion
May 10, 2000.
Appeal from Order of Supreme Court, Cattaraugus County, Nenno, J. — Summary Judgment.
Order unanimously reversed on the law with costs, motion granted and third-party complaint dismissed.
Before: Pigott, Jr., P.J., Pine, Scudder and Kehoe, JJ.
Memorandum:
Supreme Court erred in denying the motion of third-party defendant for summary judgment dismissing the third-party complaint seeking indemnification and/or contribution. The third-party action is barred by the 1996 amendment to Workers' Compensation Law § 11 because, "irrespective of the date of the accident, " the underlying personal injury action was commenced after September 10, 1996, the effective date of the amendment, and there is no claim that plaintiff Adrian J. Szarowicz, Jr. suffered a "grave injury" within the meaning of that section ( Majewski v. Broadalbin-Perth Cent. School Dist., 91 N.Y.2d 577, 582, 590; see, Bartek v. Murphy, 266 A.D.2d 865, lv denied 95 N.Y.2d 756).