In Barbieri v. Mount Sinai Hosp. (264 AD2d 1 [1st Dept 2000]) the First Department upheld an IAS Court's grant of summary judgment in favor of a third-party defendant employer where the employee, a carpenter working on-site at third-party plaintiff Mount Sinai Hospital, fell and suffered injuries that were alleged to be grave. Specifically, the plaintiff suffered, inter alia, what were described as neurological injuries, concussion, amnesia and other memory dysfunctions, and a brain lesion which were all alleged to have resulted from his workplace accident. The court found that the plaintiff's pleadings, an MRI report and a neuropsychological evaluation showed periods of disorientation and short-term memory loss, slowness of speech and distractability, and underperformance on neurological tests, and that this was not sufficient to establish permanent total disability.