Appellate Division of the Supreme Court of the State of New York September 30, 2002 (Trautenberg v. Gibney Leasing Corp.)

*800The third-party defendant met its burden of proving, by competent admissible evidence (see Gaddy v Eyler, 79 NY2d 955; Fitzpatrick v Chase Manhattan Bank, 285 AD2d 487), that the injured plaintiff did not sustain a “grave injury” within the meaning of Workers’ Compensation Law § 11 (see Dunn v Smithtown Bancorp, 286 AD2d 701; Fitzpatrick v Chase Manhattan Bank, supra; Curran v Auto Lab Serv.