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BARBIERI v. MT. SINAI HOSP.

264 A.D.2d 1 (2000)

706 N.Y.S.2d 8

KEVIN BARBIERI, Respondent, v. MOUNT SINAI HOSPITAL, Appellant and Third-Party Plaintiff-Appellant. UNIVERSAL DRYWALL SERVICES, INC., Third-Party Defendant-Respondent.

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

March 14, 2000.

Attorney(s) appearing for the Case

Steven J. Ahmuty, Jr., of counsel (Shaub, Ahmuty, Citrin & Spratt, L. L. P., attorneys), for defendant and third-party plaintiff-appellant.

Robert C. Baxter of counsel; Arthur J. Smith and Anne V. Malone on the brief (Baxter M. Smith, attorney), for third-party defendant-respondent.

ROSENBERGER, J. P., WILLIAMS, MAZZARELLI and SAXE, JJ., concur.

OPINION OF THE COURT

TOM, J.

The principal issue presented is whether plaintiff sustained a "grave injury" as defined in Workers' Compensation Law § 11.

Plaintiff was employed by third-party defendant Universal Drywall Services as a carpenter. Universal was hired by defendant and third-party plaintiff Mount Sinai Hospital to install rigid board insulation to an interior block wall in the ceiling above the Fifth Avenue entrance to its Guggenheim...

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