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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46097 Justice Schneier PLAINTIFF ALLEGEDLY sustained bilateral kidney failure through chemical exposure at his former employer’s factory. Companies that supplied inks, resins and ventilation systems used in the factory brought a third-party action for contribution and indemnification against the former employer. The former employer sought dismissal of the third-party action on the grounds that plaintiff’s injury was not a “grave injury” as defined by Workers’ Compensation Law �11. Due to plaintiff’s terminal condition, the court considered him dead for purposes of �11. The court dismissed the third-party action. Pursuant to Castro v. United Container Machinery Group, it strictly construed the “grave injuries” listed in �11 to find that plaintiff’s injury was not “grave” for purposes of �11. Rejecting the claim that the employer’s dismissal motion was premature because plaintiff had not been examined by a medical expert, the court determined that plaintiff’s appearance at a medical examination would only confirm that he is alive.

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