Opinion
No. 2006-02569.
May 8, 2007.
In an action to recover damages for personal injuries, the defendant third-party plaintiff appeals from an order of the Supreme Court, Kings County (Schmidt, J.), dated January 18, 2006, which granted the motion of the third-party defendants New York University College of Dentistry and New York University for summary judgment dismissing the third-party complaint.
Camacho Mauro Mulholland, LLP, New York, N.Y. (Andrea Sacco Camacho and Andrew M. Lauri of counsel), for defendant third-party plaintiff-appellant.
Jones Hirsch Connors Bull, P.C., New York, N.Y. (Richard Imbrogno of counsel), for third-party defendant-respondent New York University (s/h/a New York University College of Dentistry and New York University).
Before: Prudenti, P.J., Fisher, Lifson and Angiolillo, JJ.
Ordered that the order is affirmed, with costs.
The Supreme Court properly granted the third-party defendants' motion for summary judgment dismissing the third-party complaint seeking contribution and indemnification. In response to the third-party defendants' prima facie showing that the plaintiff did not sustain a "grave injury" as defined by the statute, the defendant third-party plaintiff failed to raise a triable issue of fact ( see Workers' Compensation Law § 11; Rubeis v Aqua Club, Inc., 3 NY3d 408; Martelle v City of New York, 31 AD3d 400, 401; Angwin v SRF Partnership, 285 AD2d 568, 569; Fitzpatrick v Chase Manhattan Bank, 285 AD2d 487). Additionally, gross negligence and/or reckless conduct on the part of an employer will not neutralize the exclusivity of the Workers' Compensation Law as would an intentional tort ( see Acevedo v Consolidated Edison Co. of N.Y., 189 AD2d 497, 500; Briggs v Pymm Thermometer Corp., 147 AD2d 433, 436; Orzechowski v Warner-Lambert Co., 92 AD2d 110, 113-117).
The defendant third-party plaintiff's remaining contentions are without merit.