Rosen v. Nygren Dahly Co.

Appeal from an order of Supreme Court, Monroe County (Bergin, J.), entered September 17, 2002, which denied third-party defendant’s motion seeking summary judgment dismissing the third-party complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting the motion of third-party defendant in part and dismissing the third-party complaint insofar as it alleges that plaintiff sustained a grave injury within the meaning of Workers’ Compensation Law § 11 based on permanent and severe facial disfigurement and as modified the…