GOODLEAF v. TZIVOS HASHEM, INC.

2008-05364

68 A.D.3d 817 (2009)

2009 NY Slip Op 9188

889 N.Y.S.2d 478

MARK GOODLEAF, Respondent, v. TZIVOS HASHEM, INC., Defendant and Third-Party Plaintiff-Appellant, and H & H BUILDERS, INC., Respondent. ARNOLD STEEL COMPANY, Third-Party Defendant-Respondent, et al., Third-Party Defendant. (And a Second Third-Party Action.)

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

Decided December 8, 2009.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The Supreme Court properly granted the motion of the third-party defendant Arnold Steel Company (hereinafter Arnold) for summary judgment dismissing the third-party complaint insofar as asserted against it. In response to Arnold's prime facie showing that the plaintiff did not sustain a "grave injury" as defined by Workers' Compensation Law § 11, the appellant failed to raise...

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