VINCENTY v. CINCINNATI INC.


14 A.D.3d 392 (2005)

788 N.Y.S.2d 92

ELVIN VINCENTY, Respondent, v. CINCINNATI INCORPORATED, Respondent, and ABCO FIRE DOOR COMPANY, INC., Appellant, et al., Defendant. CINCINNATI INCORPORATED, Third-Party Plaintiff-Respondent, v. ABCO DOOR INDUSTRIES, INC., Third-Party Defendant-Appellant-Respondent.

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

January 13, 2005.


Plaintiff's pinky and ring fingers, although completely amputated in the underlying workplace accident, were shortly after the accident surgically reattached so that plaintiff regained their use, at least partially. Accordingly, because the fingers and their use were not permanently and totally lost, plaintiff did not sustain a "grave injury" within the meaning of Workers' Compensation Law § 11 (see Castro v United Container Mach. Group, Inc.,

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