TRAUTENBERG v. GIBNEY LEASING CORP.


297 A.D.2d 799 (2002)

748 N.Y.S.2d 65

ROBERT TRAUTENBERG et al., Plaintiffs, v. GIBNEY LEASING CORP. et al., Defendants and Third-Party Plaintiffs-Respondents. ALITA CERAMIC TILE, INC., Third-Party Defendant-Appellant.

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

Decided September 30, 2002.


Ordered that the order is affirmed insofar as appealed from, with costs.

The third-party defendant met its burden of proving, by competent admissible evidence (see Gaddy v Eyler, 79 N.Y.2d 955; Fitzpatrick v Chase Manhattan Bank, 285 A.D.2d 487), that the injured plaintiff did not sustain a "grave injury" within the meaning of Workers' Compensation Law § 11 (see Dunn v Smithtown...

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