Opinion
September 21, 1998
Appeal from the Supreme Court, Westchester County (Colabella, J.).
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.