ESPOSITO v. BOB IKO EXCAVATION

Ordered that the order is affirmed, with costs.

The Supreme Court properly concluded that the Omnibus Workers' Compensation Act of 1996 (L 1996, ch 635, § 2) is inapplicable under the circumstances presented, i.e., where the main action was pending at the time that statute became effective but the third-party action was commenced shortly thereafter (see, Majewski v. Broadalbin-Perth Cent. School Dist., 91 N.Y.2d 577, 590; cf., Morales v. Gross, 230 A.D.2d 7; see also, Maher v. Whitehead, 254 A.D.2d 263; Blessinger v. Estee Lauder Cos., 246 A.D.2d 363; Caponi v. Great Atl. Pac. Tea Co., 177 Misc.2d 47, 49; Delacruz v. Wistyn, NYLJ, Nov. 3, 1997, at 27, col 6; Seymour v. Balata Belting Co., 174 Misc.2d 677).

Bracken, J. P., O'Brien, Thompson and Friedmann, JJ., concur.