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CAMILO BANEGAZ, Plaintiff-Respondent, v. F.L. SMITHE MACHINE CO., INC., Defendant/Third Party Plaintiff-Respondent,

To read the phrase "loss of multiple fingers" to mean, as the employer urges, a total loss of multiple fingers would be to render superfluous the word "total" selectively used before the phrase "loss of use . . . of a . . . hand". Had the Legislature intended that the "loss of multiple fingers" must be "total" in order to qualify as a grave injury, it would have used that word immediately before that phrase.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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BANEGAZ v. F.L. SMITHE MACHINE CO., INC
(Nov 23, 1999)