Appellate Division of the Supreme Court of New York, 2002

Trautenberg v. Gibney Leasing Corp.

Trautenberg v. Gibney Leasing Corp.
Appellate Division of the Supreme Court of New York · Decided September 30, 2002
297 A.D.2d 799; 748 N.Y.2d 65; 748 N.Y.S.2d 65; 2002 N.Y. App. Div. LEXIS 8867
Trautenberg v. Gibney Leasing Corp.

Opinion of the Court

*800The third-party defendant met its burden of proving, by competent admissible evidence (see Gaddy v Eyler, 79 NY2d 955; Fitzpatrick v Chase Manhattan Bank, 285 AD2d 487), that the injured plaintiff did not sustain a “grave injury” within the meaning of Workers’ Compensation Law § 11 (see Dunn v Smithtown Bancorp, 286 AD2d 701; Fitzpatrick v Chase Manhattan Bank, supra; Curran v Auto Lab Serv. Ctr., 280 AD2d 636). In opposition to the motion, the existence of a triable issue of fact was demonstrated. Accordingly, the Supreme Court properly denied that branch of the third-party defendant’s motion which was for summary judgment dismissing the third-party complaint based on this issue. Ritter, J.P., Krausman, McGinity and Luciano, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.