DEPAOLA v. ALBANY MEDICAL COLEGE

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.