In Trimble v. Hawker Dayton Corp., 307 AD2d 452 (3rd Dep't 2003) the Third Department found that "the report of a functional capacity evaluation stat[ing] that plaintiff is able to extend and close his right thumb and fingers sufficiently to grasp, hold and carry objects in his right hand" was enough for the third-party defendant to meet its burden to establish lack of a grave injury. However, this was determined only after the third-party defendant was able to conduct its own Independent Medical Exam of the plaintiff to determine the extent of the injuries.