Under Workers' Compensation Law § 11, "permanent and total loss of use" of an arm or hand constitutes "grave injury." Although the motion court found that plaintiff had not sustained grave injury and on that ground dismissed the third-party complaint against plaintiff's employer, the evidence of record, most notably the affidavit of plaintiff's expert, raises a triable question as to whether plaintiff has in fact permanently lost total use of his left hand and arm, retaining...
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