Opinion
2014-05-21
Danny DELVALLE, plaintiff, v. MERCEDES BENZ USA, LLC, et al., defendants third-party plaintiffs-appellants; Chetum Singh, et al., third-party defendants, Douglas S. Kent, et al., third-party defendants-respondents.
Buckley Law Group, P.A., New York, N.Y. (Alan R. Levy of counsel), for defendants third-party plaintiffs-appellants. Wade, Clark & Mulcahy, New York, N.Y. (Lora H. Gleicher of counsel), for third-party defendants-respondents.
Buckley Law Group, P.A., New York, N.Y. (Alan R. Levy of counsel), for defendants third-party plaintiffs-appellants.Wade, Clark & Mulcahy, New York, N.Y. (Lora H. Gleicher of counsel), for third-party defendants-respondents.
In an action to recover damages for personal injuries, the defendants third-party plaintiffs appeal from an order of the Supreme Court, Kings County (Bayne, J.), dated February 15, 2013, which granted the motion of the third-party defendants Douglas S. Kent and King Freeze Mechanical Corp. for summary judgment dismissing the third-party complaint insofar as asserted against them.
ORDERED that the order is affirmed, with costs.
The Supreme Court properly granted the motion of the third-party defendants Douglas S. Kent and King Freeze Mechanical Corp. (hereinafter together the respondents) for summary judgment dismissing the third-party complaint, which sought contribution and indemnification, insofar as asserted against them. The respondents met their prima facie burden of establishing their entitlement to judgment as a matter of law by demonstrating that the plaintiff was injured in the course of his employment with King Freeze Mechanical Corp., and that the plaintiff's injuries did not constitute a “grave injury” within the meaning of Workers' Compensation Law § 11 ( see Szczepanski v. Dandrea Constr. Corp., 90 A.D.3d 642, 644, 934 N.Y.S.2d 432;Kitkas v. Windsor Place Corp., 72 A.D.3d 649, 897 N.Y.S.2d 652;Goode v. Woodside, 74 A.D.3d 1279, 904 N.Y.S.2d 196). In opposition, the defendants third-party plaintiffs failed to raise a triable issue of fact. BALKIN, J.P., DICKERSON, CHAMBERS and HALL, JJ., concur.