MARTIN v. PAISNER

Ordered that the order is affirmed, with costs to the defendants Ron Paisner and Lizl Construction Corp.

We decline the third-party defendant's invitation to reconsider our opinion in Morales v. Gross ( 230 A.D.2d 7) that the Omnibus Workers' Compensation Reform Act of 1996 (L 1996, ch 635, §§ 2-9) does not apply retroactively to cases pending at the time of its enactment ( see also, Majewski v. BroadalbinPerth Cent. School Dist., 231 A.D.2d 102, affd 91 N.Y.2d 577).

O'Brien, J.P., Joy, Altman and Luciano, JJ., concur.