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CASTILLO v. 711 GROUP, INC.

41 A.D.3d 77 (2007)

833 N.Y.S.2d 642

WILFREDO ALEXIS CASTILLO, Respondent, v. 711 GROUP, INC., Defendant and Third-Party Plaintiff-Respondent. 3-D LABORATORY, INC., Third-Party Defendant-Appellant.

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

April 17, 2007.

Attorney(s) appearing for the Case

Baxter & Smith, P.C., Jericho (Sim R. Shapiro of counsel), for third-party defendant-appellant.

Jones Hirsch Connors & Bull, P.C., New York City (Miller & Associates, P.C. [Scott E. Miller and Mark D. Wellman] of counsel), for third-party plaintiff-respondent.

CRANE, J.P., LIFSON and CARNI, JJ., concur.

OPINION OF THE COURT

GOLDSTEIN, J.

At issue here is whether the plaintiff's injury constituted a grave injury as defined in Workers' Compensation Law § 11 under the category "loss of an index finger."

In August 2002, the plaintiff "sustained a traumatic amputation of his left index finger" while using a table saw at a construction site located at premises owned by the defendant 711 Group, Inc., a New York corporation (hereinafter 711 Group)...

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