Legal Opinion
Claim of Wofsy v. Car
Appellate Division of the Supreme Court of the State of New York
Decided May 4, 1995PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Yesawich Jr., J.
Injured in an automobile accident in 1989, claimant sought first-party benefits from his no-fault insurance carrier, Empire Insurance Company. Because claimant had been driving a livery car for hire when the accident occurred, Empire denied his claim on the ground that he was injured in the course of his employment, and must therefore first seek and obtain any available workers’ compensation benefits. The controversy was submitted to a no-fault arbitrator, who held that whether claimant was an employee of Dial-A-Car Inc. (a concern that fielded calls from…
2Cases cited5 opinions
- Liss v. Trans Auto Systems, Inc.New York Court of Appeals · 1986
- Arvatz v. Empire Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1991
- Claim of Roa v. American Transit InsuranceAppellate Division of the Supreme Court of the State of New York · 1983
- Claim of Lotito v. Salt City PlayhouseAppellate Division of the Supreme Court of the State of New York · 1979
- Empire Insurance v. Workers' Compensation BoardAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by3 opinions
- Claim of Esposito v. PetruzziAppellate Division of the Supreme Court of the State of New York · 2000
- Lutheran Medical Center v. Hereford InsuranceAppellate Division of the Supreme Court of the State of New York · 2007
- Claim of Esposito v. PetruzziAppellate Division of the Supreme Court of the State of New York · 2000