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CLAVIN v. CAP EQUIPMENT LEASING CORP.

4907. 20292/15E.

156 A.D.3d 404 (2017)

66 N.Y.S.3d 470

2017 NY Slip Op 08460

JOHN J. CLAVIN, Plaintiff, v. CAP EQUIPMENT LEASING CORPORATION, Respondents. CAP EQUIPMENT LEASING CORPORATION et al., Third-Party Plaintiffs-Respondents, v. SCHIAVONE CONSTRUCTION CORPORATION et al., Third-Party Defendants-Appellants.

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

Decided December 5, 2017.

The third-party claims for common law indemnification and contribution cannot be sustained against plaintiff's employer, since plaintiff's medical records clearly show that he did not sustain a "grave injury" as defined in Workers' Compensation Law § 11 (see Castro v United Container Mach. Group, 96 N.Y.2d 398, 400 [2001]; Nunez v Park Plus, Inc., 146 A.D.3d 488, 489 [1st Dept 2017...

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