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GOUNDAN v. PAV-LAK CONTR. INC.

11823. 155989/14.

185 A.D.3d 485 (2020)

125 N.Y.S.3d 559

2020 NY Slip Op 03985

Ashton Goundan et al., Plaintiffs, v. Pav-Lak Contracting Inc., et al., Respondents. Pav-Lak Contracting Inc. et al., Third-Party Plaintiffs-Respondents, v. D&D Electrical Construction Company Inc., Third-Party Defendant-Appellant. Norguard Insurance Company, Nonparty Intervenor-Appellant.

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

Decided July 16, 2020.

Intervenor, the workers' compensation insurance carrier for third-party defendant D&D Electrical Construction Company Inc. (D&D), established prima facie that the injuries allegedly sustained by plaintiff Ashton Goundan in a construction site accident while he was employed by D&D, i.e., cerebral concussion with postconcussion syndrome and other brain injuries, were not grave injuries within the meaning of the Workers Compensation Law.

In opposition, defendants...

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