Flores v. Lower East Side Service Center, Inc.

Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered April 18, 2003, which, to the extent appealed from as limited by the briefs, denied defendant’s motion for summary judgment on its third-party action for indemnification and granted the cross motion to dismiss the third-party complaint, unanimously affirmed, without costs.

Since the damage plaintiff suffered to his right eye is not a “grave injury” under Workers’ Compensation Law § 11 (see Ibarra v Equip. Control, 268 AD2d 13, 18 [2000]), defendant is unable to obtain indemnification from plaintiffs employer unless, prior to the…