Meis v. ELO ORGANIZATION, LLC

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, the third-party defendant’s motion for summary judgment dismissing the second and third third-party complaints granted and the certified question answered in the negative.

Workers’ Compensation Law § 11 does not list the loss of a thumb as a “grave injury,” and plaintiff failed to demonstrate that due to the amputation of his thumb he suffers a “permanent and total loss of use” of the hand (see Workers’ Compensation Law § 11). Plaintiffs argument that the loss of his thumb automatically renders…