NATIONAL UNION FIRE INS. CO. OF PITTSBURGH, PA v. 221-223 W. 82 OWNERS CORP.

13039, 301659/11

120 A.D.3d 1140 (2014)

992 N.Y.S.2d 432

2014 NY Slip Op 06377

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, Appellant, v. 221-223 WEST 82 OWNERS CORP. et al., Defendants, and JRP CONTRACTING, INC., Respondent.

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

Decided September 25, 2014.


National Union was entitled to rely on the underlying plaintiff's bill of particulars to make a prima facie showing that the ligament and meniscal tears he allegedly sustained do not qualify as "grave injur[ies]" within the meaning of Workers' Compensation Law § 11 (see Marshall v Arias, 12 A.D.3d 423, 424 [2d Dept 2004]). Indeed, the underlying plaintiff failed to allege that he had lost the use of his knee, let alone the use...

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