Opinion
May 26, 2000.
Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered October 5, 199 9, 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.
Anthony J. McNulty, for plaintiff-appellant.
Steven B. Prystowsky, for defendant-respondent.
Before: Tom, J.P., Ellerin, Lerner, Andrias, Saxe, JJ.
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 Work. Comp.. He is currently employed and licensed to operate a motor vehicle. The injury to plaintiff's left eye resulted in corrected visual acuity of 20/40 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.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.