Order unanimously reversed on the law with costs, motion denied and third-party complaints reinstated. Memorandum: Supreme Court erred in granting third-party defendant’s motion for summary judgment dismissing the third-party complaints. The 1996 amendment to Workers’ Compensation Law § 11 (see, L 1996, ch 635, § 2) does not apply retroactively to bar the third-party action (see, Matie v Sealed Air Corp., 242 AD2d 863 [decided herewith]; Majewski v Broadalbin-Perth Cent. School Dist., 231 AD2d 102; Morales v Gross, 230 AD2d 7). (Appeals from Order of Supreme Court, Monroe County, Stander, J.—Summary Judgment.) Present— Denman, P. J., Green, Lawton, Wisner and Balio, JJ.
Gary Massella, Appellant, v. Partner Industrial Products, Inc., et al., Defendants; Partner Industrial Products, Inc., et al., Third-Party Plaintiffs-Appellants, v. Monroe County Water Authority, Third-Party Defendant-Respondent
242 A.D.2d 870665 N.Y.S.2d 948
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