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DECHNIK v. FORTUNATO SONS, INC

Appellate Division of the Supreme Court of New York, Second Department.
Jan 27, 2009
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Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted that branch of the third-party defendant's motion which was for summary judgment dismissing the third-party causes of action for common-law indemnification and contribution. In response to the third-party defendant's showing that the plaintiff did not sustain a grave injury as defined by Workers' Compensation Law ยง 11, no triable issue of fact was raised ( see Rubeis v Aqua Club, Inc., 3 NY3d 408; DePaola v Albany Med. Coll., 40 AD3d 678; O'Berg v MacManus Group, Inc., 33 AD3d 599; Fitzpatrick v Chase Manhattan Bank, 285 AD2d 487, 487-488; see generally Alvarez v Prospect Hosp., 68 NY2d 320, 324).