| Dechnik v Fortunato Sons, Inc. |
| 2009 NY Slip Op 00497 [58 AD3d 793] |
| January 27, 2009 |
| Appellate Division, Second Department |
| Sylwester Dechnik, Plaintiff, v Fortunato Sons, Inc.,Defendant and Third-Party Plaintiff-Appellant, et al., Defendant. JD Martin Renovation, Inc.,Third-Party Defendant-Respondent. |
—[*1] Goldstein & Avrutine, Syosset, N.Y. (Steven R. Goldstein of counsel), for third-partydefendant-respondent. Catalano Gallardo & Petropoulos, LLP, Jericho, N.Y. (James P. Connors of counsel), fordefendant.
In an action to recover damages for personal injuries, the defendant and third-party plaintiffappeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County(Schack, J.), dated December 7, 2007, as granted that branch of the third-party defendant'smotion which was for summary judgment dismissing the third-party causes of action forcommon-law indemnification and contribution.
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly granted that branch of the third-party defendant's motion whichwas for summary judgment dismissing the third-party causes of action for common-lawindemnification and contribution. In response to the third-party defendant's showing that theplaintiff did not sustain a grave injury as defined by Workers' Compensation Law § 11, notriable issue of fact was raised (seeRubeis v Aqua Club, Inc., 3 NY3d 408 [2004]; DePaola v Albany Med. Coll., 40 AD3d 678 [2007]; O'Berg v MacManus Group, Inc., 33AD3d 599 [2006]; Fitzpatrick v Chase Manhattan [*2]Bank, 285 AD2d 487, 487-488 [2001]; see generallyAlvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]). Rivera, J.P., Angiolillo, Dickersonand Chambers, JJ., concur.