CASTRO v. UNITED CONTAINER


96 N.Y.2d 398 (2001)

761 N.E.2d 1014

736 N.Y.S.2d 287

MARVIN CASTRO, Plaintiff, v. UNITED CONTAINER MACHINERY GROUP, INC., Defendant and Third-Party Plaintiff-Appellant. SOUTHERN CONTAINER CORP., Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided June 28, 2001.


Attorney(s) appearing for the Case

Braunschweig & Osborne, New York City (Stephen P. H. Rachlis of counsel), for defendant and third-party plaintiff-appellant.

Fisher & Seidner, P. C., Babylon (Jeffrey Guttentag of counsel), for plaintiff.

Mauro Goldberg & Lilling, L. L. P., Great Neck (Barbara D. Goldberg and Christopher Simone of counsel), and Adler & Larkin for third-party defendant-respondent.

Chief Judge KAYE and Judges SMITH, LEVINE, WESLEY, ROSENBLATT and GRAFFEO concur.


OPINION OF THE COURT

CIPARICK, J.

Workers' Compensation Law § 11 lists specific injuries, including "loss of multiple fingers," that qualify as grave injury. At issue here is whether loss of multiple fingertips constitutes grave injury for purposes of the section. We conclude that it does not.

On September 17, 1996, Marvin Castro lost five fingertips (two from his right hand, three from his left) in...

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