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CASTILLO v. 711 GROUP, INC.

10 N.Y.3d 735 (2008)

882 N.E.2d 885

853 N.Y.S.2d 273

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

Court of Appeals of the State of New York.

Decided February 12, 2008.

Attorney(s) appearing for the Case

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

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

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

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

Third-party defendant 3-D Laboratory, Inc. moved for summary judgment dismissing the third-party action against it, claiming the injuries plaintiff sustained to his left index finger did not qualify as a "grave injury" under Workers' Compensation Law § 11. Supreme Court denied the motion...

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