COLON v. BELMONT REALTY CO

The third-party action was properly dismissed as against the employer on the ground that the main action was commenced after the September 10, 1996 effective date of the amendment to Workers' Compensation Law § 11 prohibiting any contribution and indemnity claims against a plaintiff's employer unless that plaintiff sustained a "grave injury" (Majewski v. Broadalbin-Perth Cent. School Dist., 91 N.Y.2d 577). It does not avail the premises owners that plaintiffs commenced the main action pursuant to former CPLR 306-b(b), and with express leave of the court, after a prior, substantially identical action, commenced before September 10, 1996, was dismissed for lack of personal jurisdiction (cf. Ellers v. Raimondo Son Constr. Co., 277 A.D.2d 156, 156-157; Great Lakes Contr. v. Allied Bldrs. 176 Misc.2d 284, 286 [Sup Ct, Monroe County], affd 262 A.D.2d 1007). We have considered and rejected defendants' other arguments.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.