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SPIRIDOU MEIS ET AL., RESPONDENTS, v. ELO ORGANIZATION, LLC, ET AL., DEFENDANTS. (AND A THIRD-PARTY-ACTION.) P.S. SYSTEMS LTD., SECOND THIRD-PARTY RESPONDENT,

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). Plaintiff's argument that the loss of his thumb automatically renders his hand totally useless is unavailing. As this Court recently held in Castro v. United Container Mach. Group ( 96 N.Y.2d 398, 401), "[i]njuries qualifying as grave are narrowly defined * * * [and the w]ords in the statute are to be given their plain meaning without resort to forced or unnatural interpretations."

On review of submissions pursuant to section 500.4 of the Rules, order reversed, with costs, third-party defendant's motion for summary judgment dismissing the second and third third-party complaints granted and certified question answered in the negative, in a memorandum.

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MEIS v. ELO ORGANIZATION
(Feb 13, 2002)