DePaola v. Albany Medical College
The defendant third-party plaintiff appealed an order from the Supreme Court, Kings County, dated January 18, 2006. This order had granted summary judgment to the third-party defendants, New York University College of Dentistry and New York University, thereby dismissing the third-party complaint. The Supreme Court's decision was affirmed on appeal. The appellate court concluded that the third-party defendants had successfully made a prima facie showing that the plaintiff did not sustain a 'grave injury' as defined by Workers’ Compensation Law § 11. The defendant third-party plaintiff failed to present a triable issue of fact to rebut this showing. Furthermore, the court reiterated that gross negligence and/or reckless conduct by an employer does not negate the exclusivity provisions of the Workers’ Compensation Law, unlike an intentional tort.