McGLINCHEY v. VASSAR COLLEGE

Nos. 5871, 7089/05, 83749/09.

88 A.D.3d 626 (2011)

931 N.Y.S.2d 503

2011 NY Slip Op 7587

THOMAS McGLINCHEY et al., Plaintiffs, v. VASSAR COLLEGE, Defendant/Third-Party Plaintiff-Respondent. KIRCHHOFF CONSTRUCTION MANAGEMENT, INC., Third-Party Defendant-Appellant.

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

Decided October 27, 2011.


The injured plaintiff's testimony and the two unsworn medical reports submitted on the motion are insufficient to demonstrate that plaintiff sustained permanent and total loss of use of his left arm or foot, i.e., a "grave injury" within the meaning of Workers' Compensation Law § 11 (see Castro v United Container Mach. Group, 96 N.Y.2d 398, 401-402 [2001]; Vincenty v Cincinnati...

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