Hart v. Theatre Three Prods., Inc.

Summary

The Appellate Division, Second Department, reversed an order denying V.P. Plumbing & Heating, LLC's motion to dismiss a third-party complaint. The court held that the third-party complaint failed to allege a grave injury supporting common-law indemnification or contribution under Workers' Compensation Law § 11 and that documentary evidence disproved any contractual indemnification obligation.

Holdings

1. Workers' Compensation Law § 11 bars third-party causes of action for indemnification and contribution against an employer unless the employee sustained a grave injury or the employer expressly agreed in a written contract entered into before the accident to contribute or indemnify. Because the third-party complaint failed to allege that Hart sustained a grave injury, the common-law indemnification and contribution claims were properly subject to dismissal under CPLR 3211(a)(7).
2. The contractual indemnification claim was subject to dismissal under CPLR 3211(a)(1) and (7) because documentary evidence showed that V.P. Plumbing's agreement with Theatre Three contained no indemnification provision.
3. The request to sever the third-party action was denied as academic after the third-party complaint was dismissed.

Questions Presented

1. Whether the third-party claims for common-law indemnification and contribution against Hart's employer were barred under Workers' Compensation Law § 11 because the complaint did not allege a grave injury.
2. Whether the contractual indemnification claim should be dismissed under CPLR 3211(a)(1) and (7) because documentary evidence showed that the agreement contained no indemnification provision.
3. Whether the alternative request to sever the third-party action remained viable after dismissal of the third-party complaint.

Disposition

reversed