HUSSEIN v. PACIFIC HANDY CUTTER INC (2000)

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

Reda HUSSEIN, Plaintiff, v. PACIFIC HANDY CUTTER, INC., Defendant.
Pacific Handy Cutter, Inc., Third-Party Plaintiff-Appellant, v. Pergament Home Centers, Inc., etc., Third-Party Defendant-Respondent.

Decided: May 23, 2000

TOM, J.P., ELLERIN, LERNER, ANDRIAS and SAXE, JJ.

Anthony J. McNulty, for Third-Party Plaintiff-Appellant. Steven B. Prystowsky, for Third-Party Defendant-Respondent.

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 plaintiff's left eye resulted in corrected visual acuity of 20/402040 in that eye. Plaintiff's 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 plaintiff's other arguments and find them to be unavailing.

MEMORANDUM DECISION.

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