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DIAZ GALINDO v. CONDOMINIUM

56 A.D.3d 285 (2008)

868 N.Y.S.2d 11

MIGUEL ANGEL DIAZ GALINDO, Plaintiff, v. THE DORCHESTER TOWER CONDOMINIUM et al., Defendants. QUALITY BUILDING CONSTRUCTION, INC., Third-Party Plaintiff-Respondent, v. VANLO INC., Third-Party Defendant-Appellant. THE DORCHESTER TOWER CONDOMINIUM et al., Second Third-Party Plaintiffs-Respondents-Appellants, v. ANLO INC., Second Third-Party Defendant-Appellant-Respondent.

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

November 13, 2008.

The motion court properly denied plaintiff's employer Vanlo's cross motion, since the record establishes that Vanlo failed to meet its burden of showing, by competent admissible evidence, that plaintiff did not suffer a "grave injury" pursuant to Workers' Compensation Law § 11 (see Altonen v Toyota Motor Credit Corp., 32 A.D.3d 342, 343-344 [2006]). Vanlo relies on the statements in the report of its expert that "[w]ith continued...

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