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FLORES v. THE LOWER EAST SIDE SERVICE CENTER, INC.

3 A.D.3d 459 (2004)

770 N.Y.S.2d 855

MOSES FLORES, Plaintiff, v. THE LOWER EAST SIDE SERVICE CENTER, INC., Defendant and Third-Party Plaintiff-Appellant. PROCIDA REALTY AND CONSTRUCTION CORP., Third-Party Defendant-Respondent.

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

January 29, 2004.

Since the damage plaintiff suffered to his right eye is not a "grave injury" under Workers' Compensation Law § 11 (see Ibarra v Equip. Control, 268 A.D.2d 13, 18 [2000]), defendant is unable to obtain indemnification from plaintiff's employer unless, prior to the accident, the parties entered into a written contract whereby the employer expressly agreed to contribute to or indemnify the claimant (cf. Acosta v Green Mgt. Corp...

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