DEPAOLA v. ALBANY MEDICAL COLEGE

Citation Codes

Equivalent Citations

citation codes

Docket Number

No. 2006-02569.

Attorney(S)

Camacho Mauro Mulholland, LLP, New York, N.Y. (Andrea Sacco Camacho and Andrew M. Lauri of counsel), for defendant third-party plaintiff-appellant. Jones Hirsch Connors Bull, P.C., New York, N.Y. (Richard Imbrogno of counsel), for third-party defendant-respondent New York University (s/h/a New York University College of Dentistry and New York University).

See more information ...

Smart Summary

Please sign up to generate summary.

MICHELLE DEPAOLA, Plaintiff, v. ALBANY MEDICAL COLLEGE et al., Defendants, and FUNERAL SERVICE DEPARTMENT OF THE FACULTY-STUDENT ASSOCIATION OF HUDSON VALLEY COMMUNITY COLLEGE, INC., Defendant and Third-Party Plaintiff-Appellant. NEW YORK UNIVERSITY COLLEGE OF DENTISTRY et al., Third-Party Defendants-Respondents.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the third-party defendants' motion for summary judgment dismissing the third-party complaint seeking contribution and indemnification. In response to the third-party defendants' prima facie showing that the plaintiff did not sustain a "grave injury" as defined by the statute, the defendant third-party plaintiff failed to raise a triable issue of fact ( see Workers' Compensation Law § 11; Rubeis v Aqua Club, Inc., 3 NY3d 408; Martelle v City of New York, 31 AD3d 400, 401; Angwin v SRF Partnership, 285 AD2d 568, 569; Fitzpatrick v Chase Manhattan Bank, 285 AD2d 487). Additionally, gross negligence and/or reckless conduct on the part of an employer will not neutralize the exclusivity of the Workers' Compensation Law as would an intentional tort ( see Acevedo v Consolidated Edison Co. of N.Y., 189 AD2d 497, 500; Briggs v Pymm Thermometer Corp., 147 AD2d 433, 436; Orzechowski v Warner-Lambert Co., 92 AD2d 110, 113-117).

The defendant third-party plaintiff's remaining contentions are without merit.

Comments