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SERRANO v. 432 PARK SOUTH REALTY CO., LLC

59 A.D.3d 242 (2009)

873 N.Y.S.2d 567

GERMAN SERRANO, Respondent, v. 432 PARK SOUTH REALTY CO., LLC, Appellant. (And a Third-Party Action.) 432 PARK SOUTH REALTY CO., LLC, Second Third-Party Plaintiff-Appellant, v. FORTUNE INTERIOR DISMANTLING CORP., Second Third-Party Defendant-Respondent. (And a Third Third-Party Action.)

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

Decided February 17, 2009.

The court properly left it to the jury to determine whether plaintiff suffered a grave injury of his left hand (Workers' Compensation Law § 11; see Mustafa v Halkin Tool, Ltd., 2004 WL 2011384, *10, 2004 US Dist LEXIS 16128, *30-31 [ED NY 2004]). The jury's verdict that plaintiff did not suffer a grave injury within the meaning of Workers' Compensation Law § 11 was not against the weight of the evidence (see...

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