Opinion
September 30, 1997
Appeal from the Supreme Court, Erie County, Notaro, J.
Present — Denman, P.J., Pine, Balio, Boehm and Fallon, JJ.
Supreme Court properly denied the motion of third-party defendant, Ferro Corporation, for leave to amend its answer to assert as a defense the recent amendment to Workers' Compensation Law § 11 and, upon the amendment of the answer, for summary judgment dismissing the third-party complaint. Because the amendment to Workers' Compensation Law § 11, which became effective September 10, 1996, is prospective only, it does not apply to actions pending on that date (see, L 1996, ch 635, § 2; Massella v. Partner Indus. Prods., 242 A.D.2d 870 [decided herewith]; Majewski v. Broadalbin-Perth Cent. School Dist., 231 A.D.2d 102; Morales v. Gross, 230 A.D.2d 7).