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NETZAHUALL v. ALL WILL LLC

2421, 306553/09.

145 A.D.3d 492 (2016)

2016 NY Slip Op 08300

43 N.Y.S.3d 296

GABRIEL NETZAHUALL, Plaintiff, v. ALL WILL LLC, Respondent, and LIME LIGHT CONSTRUCTION CORP., Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 8, 2016.

Workers' Compensation Law § 11 provides that an employer is not liable for contribution or indemnity to any third-party based on injuries sustained by its employee acting within the scope of employment unless the third-party proves that the employee sustained a "grave injury" (see New York Hosp. Med. Ctr. of Queens v Microtech Contr. Corp., 22 N.Y.3d 501, 510 [2014]). It is undisputed that plaintiff here did not sustain such...

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