Appellate Division of the Supreme Court of New York, 2002

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

Cases that cite this one

1 later published case cites this decision.

Trimble v. Hawker Dayton Corp. (Appellate Division of the Supreme Court of New York 2003)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.