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MARSHALL v. ARIAS

12 A.D.3d 423 (2004)

784 N.Y.S.2d 589

LEROY MARSHALL, Plaintiff, v. MARIA ARIAS et al., Defendants and Third-Party Plaintiffs-Respondents. MARTIN WATTENBERG et al., Third-Party Defendants-Appellants.

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

November 8, 2004.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the third-party complaint is dismissed.

In support of their motion for summary judgment on the ground that the plaintiff did not suffer a "grave injury" within the meaning of Workers' Compensation Law § 11, the appellants relied, inter alia, upon the plaintiff's verified bill of particulars specifying the nature of his physical injuries, none of which constituted a "grave injury...

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