Blackburn v. Wysong & Miles Co.
Cases that cite this one
21 later published cases cite this decision.
- Mentesana v. Bernard Janowitz Construction Corp. (Appellate Division of the Supreme Court of New York 2007)
- Persaud v. Bovis Lend Lease, Inc. (Appellate Division of the Supreme Court of New York 2012)
- Rego v. 55 Leone Lane (Appellate Division of the Supreme Court of New York 2008)
- Fargiano v. WFP Tower D Co., L.P. (New York Supreme Court, Kings County 2025)
- Fargiano v. WFP Tower D Co., L.P. (New York Supreme Court, Kings County 2025)
- Chingo Garcia v. Hatchet Works Corp. (District Court, E.D. New York 2024)
- Jay Difulvio & Assoc., Inc. v. State of New York (N.Y. Ct. Cl. 2024)
- Jay DiFulvio & Assoc., Inc. v. State of New York (N.Y. Ct. Cl. 2024)
- Jay DiFulvio & Assoc., Inc. v. State of New York (N.Y. Ct. Cl. 2024)
- Ikhana Group, LLC v. Viking Air Limited (United States District Court for the Southern District of California 2023)
- Quishpe v. Urban Atelier Group, L.L.C. (District Court, E.D. New York 2023)
- Lewis v. Shawmut Woodworking & Supply, Inc. (District Court, S.D. New York 2022)
- US Bank National Ass'n v. Smith (Appellate Division of the Supreme Court of New York 2015)
- Barclay v. Techno-Design, Inc. (Appellate Division of the Supreme Court of New York 2015)
- Barclay v. Techno-Design, Inc. (Appellate Division of the Supreme Court of New York 2015)
- Castillo v. 711 Group, Inc. (N.Y. 2008)
- Fleming v. Graham (N.Y. 2008)
- Castillo v. 711 Group, Inc. (Appellate Division of the Supreme Court of New York 2007)
- Reinoso v. Ornstein Layton Management, Inc. (Appellate Division of the Supreme Court of New York 2006)
- Kraker v. Consolidated Edison Co. (Appellate Division of the Supreme Court of New York 2005)
- Dudek v. Metropolitan Transportation Authority (Appellate Division of the Supreme Court of New York 2005)
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
Ordered that the orders are affirmed insofar as appealed from, with one bill of costs payable to Stein Industries, Inc., by Wysong and Miles Company.
In May 1997 the plaintiff was seriously injured when a steel press brake machine he was operating in the course of his employment came down on his hands, injuring nine of his fingers. The plaintiff commenced this action against, among others, Wysong and Miles Company (hereinafter Wysong), which manufactured the machine, and the plaintiffs employer, Stein Industries, Inc. (hereinafter Stein). Wysong commenced a third-party action against Stein, seeking contribution and indemnification.
Under the 1996 amendments to Workers’ Compensation Law § 11, an employer may only be held liable for contribution or indemnification if the employee has sustained a grave injury (see Majewski v Broadalbin-Perth Cent. School Dist., 91 NY2d 577 [1998]). Grave injury is a statutorily-defined threshold for catastrophic injuries, and includes only those injuries which are listed in the statute and determined to be permanent (see Ibarra v Equipment Control, 268 AD2d 13, 17-18 [2000]). Among the grave injuries listed in the statute is the loss of multiple fingers or the loss of an index finger. Although the record establishes that the plaintiff lost half of his index finger, giving the words in the statute their plain meaning, the term “loss of an index finger” cannot be read to encompass the partial loss of an index finger (see Palacio v Textron, Inc., 295 AD2d 415 [2002]; McCoy v Queens Hydraulic Co., 286 AD2d 425, 426 [2001]). Similarly, the loss of parts of multiple fingers does not amount to the total loss of those fingers (see Castro v United Container Mach. Group, 96 NY2d 398 [2001]). Accordingly, we find as a matter of law that, despite the serious nature of his injuries, the plaintiff did not sustain a grave injury as defined by the statute.
Wysong’s remaining contentions are without merit. Ritter, J.P., Krausman, Goldstein and Lifson, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.