Appellate Division of the Supreme Court of New York, 2000

Hussein v. Pacific Handy Cutter, Inc.

Hussein v. Pacific Handy Cutter, Inc.
Appellate Division of the Supreme Court of New York · Decided May 23, 2000
272 A.D.2d 223; 708 N.Y.S.2d 74; 2000 N.Y. App. Div. LEXIS 5913
Hussein v. Pacific Handy Cutter, Inc.

Opinion of the Court

—Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered October 5, 1999, which, in a products liability action by a worker against a manufacturer, granted third-party defendant employer’s motion for summary judgment dismissing the manufacturer’s third-party complaint, unanimously affirmed, without costs.

The third-party action was properly dismissed upon a record establishing that plaintiff did not sustain a grave injury within *224the meaning of Workers’ Compensation Law § 11. He is currently employed and licensed to operate a motor vehicle. The injury to plaintiffs left eye resulted in corrected visual acuity of 20/40 in that eye. Plaintiffs right eye was uninjured and is 20/20. Under the circumstances, the grave injury requirement that blindness be “total” has not been met. We have considered third-party plaintiffs other arguments and find them to be unavailing. Concur — Tom, J. P., Ellerin, Lerner, Andrias and Saxe, JJ.

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