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Goodleaf v. Tzivos Hashem, Inc.
68 A.D.3d 817
| N.Y. App. Div. | 2009
|
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The Supreme Court properly granted the motion of the third-party defendant Arnold Steel Company (hereinafter Arnold) for summary judgment dismissing the third-party complaint insofar as asserted against it. In response to Arnold’s prime facie showing that the plaintiff did not sustain a “grave injury” as defined by Workers’ Compensation Law § 11, the appellant failed to raise a triable issue of fact (see Rubeis v Aqua Club, Inc., 3 NY3d 408 [2004]; DePaola v Albany Med. Coll., 40 AD3d 678 [2007]; O’Berg v MacManus Group, Inc., 33 AD3d 599 [2006]; Fitzpatrick v Chase Manhattan Bank, 285 AD2d 487, 487-488 [2001]; see generally Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]).

The Supreme Court providently exercised its discretion in *818denying that branch of the appellant’s cross motion which was for leave to amend the third-party complaint to add a cause of action for contractual indemnification against Arnold, since the proposed amendment was patently devoid of merit (see Mackenzie v Croce, 54 AD3d 825, 826 [2008]; Lucido v Mancuso, 49 AD3d 220, 222 [2008]).

The appellant’s remaining contentions are not properly before this Court. Covello, J.P., Santucci, Chambers and Hall, JJ., concur.

Case Details

Case Name: Goodleaf v. Tzivos Hashem, Inc.
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Dec 8, 2009
Citation: 68 A.D.3d 817
Court Abbreviation: N.Y. App. Div.
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