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CONGREGATION NEZACH ISRAEL v. ABGG CONSTRUCTION INC.

38 A.D.3d 332 (2007)

830 N.Y.S.2d 662

CONGREGATION NEZACH ISRAEL, Respondent, v. ABGG CONSTRUCTION INC., Appellant.

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

Decided March 15, 2007.

The court properly found an issue of fact as to whether the plaintiff in the underlying personal injury action suffered a grave injury, pursuant to Workers' Compensation Law § 11 (see Altonen v Toyota Motor Credit Corp., 32 A.D.3d 342 [2006]). Defendant did not clearly establish that the victim had not suffered permanent and severe facial disfigurement (Fleming v Graham, 34 A.D.3d 525

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