FLEMING v. GRAHAM


10 N.Y.3d 296 (2008)

886 N.E.2d 769

857 N.Y.S.2d 8

CEDRIC FLEMING et al., Plaintiffs, v. THOMAS GRAHAM et al., Defendants and Third-Party Plaintiffs-Respondents. PINSTRIPES GARMENT SERVICES, LLC, Third-Party Defendant-Appellant.

Court of Appeals of the State of New York.

Decided March 20, 2008.


Attorney(s) appearing for the Case

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

Mauro Goldberg & Lilling LLP, Great Neck (Barbara DeCrow Goldberg and Anthony F. DeStefano of counsel), and Marshall, Conway, Wright & Bradley for defendants and third-party plaintiffs-respondents.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT concur.


OPINION OF THE COURT

JONES, J.

The issue in this case is whether plaintiff's facial injuries constituted a "permanent and severe facial disfigurement" for purposes of qualifying as a "grave injury" under Workers' Compensation Law § 11. Under the facts of this case, we hold that they do not.

Following a collision between a van driven by a Pinstripes Garment Services, LLC employee and a school...

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