General
Reda Hussein, Plaintiff, v. Pacific Handy Cutter, Inc., Defendant and Third-Party Plaintiff-Appellant. Pergament Home Centers, Inc., Third-Party Defendant-Respondent
272 A.D.2d 223708 N.Y.S.2d 74·New York Supreme Court, Appellate Division·2000·NY
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Opinion
Reda Hussein, Plaintiff, v Pacific Handy Cutter, Inc., Defendant and Third-Party Plaintiff-Appellant. Pergament Home Centers, Inc., Third-Party Defendant-Respondent.
[708 NYS2d 74]
[MAJORITY]
—Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered October 5, 1999, which, in a products liability action by a worker against a manufacturer, granted third-party defendant employer’s motion for summary judgment dismissing the manufacturer’s third-party complaint, unanimously affirmed, without costs.
The third-party action was properly dismissed upon a record establishing that plaintiff did not sustain a grave injury within the meaning of Workers’ Compensation Law § 11. He is currently employed and licensed to operate a motor vehicle. The injury to plaintiffs left eye resulted in corrected visual acuity of 20/40 in that eye. Plaintiffs right eye was uninjured and is 20/20. Under the circumstances, the grave injury requirement that blindness be “total” has not been met. We have considered third-party plaintiffs other arguments and find them to be unavailing. Concur — Tom, J. P., Ellerin, Lerner, Andrias and Saxe, JJ.