BANEGAZ v. F.L. SMITHE MACHINE CO., INC.


266 A.D.2d 113 (1999)

698 N.Y.S.2d 143

CAMILO BANEGAZ, Respondent, v. F.L. SMITHE MACHINE CO., INC., Defendant and Third-Party Plaintiff-Respondent. COMMERCIAL ENVELOPE COMPANY, Third-Party Defendant-Appellant.

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

Decided November 23, 1999.


To read the phrase "loss of multiple fingers" to mean, as the employer urges, a total loss of multiple fingers would be to render superfluous the word "total" selectively used before the phrase "loss of use * * * of a[] * * * hand". Had the Legislature intended that the "loss of multiple fingers" must be "total" in order to qualify as a grave injury, it would have used that word immediately before...

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