NUNEZ v. PARK PLUS, INC.

2702, 301814/10, 83770/11.

146 A.D.3d 488 (2017)

2017 NY Slip Op 00122

45 N.Y.S.3d 49

EMILIO NUNEZ, Respondent, v. PARK PLUS, INC., Respondent/Third-Party Plaintiff-Respondent, and DeSOTO PARKING, LLC, Appellant/Third-Party Defendant-Appellant. LITTLE MAN PARKING, LLC, Third-Party Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 10, 2017.


Plaintiff was employed by third-party defendant Little Man Parking, LLC at a lot owned by defendant-third party defendant DeSoto Parking, LLC. Plaintiff was injured when a mechanical lift holding a parked car landed on his foot, resulting in the amputation of his toe.

The motion court correctly concluded that plaintiff did not suffer a grave injury within the meaning of Workers' Compensation Law § 11. Consequently, he cannot maintain an action against his employer...

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