United States Fidelity & Guaranty Co. v. New York, Susquehanna & Western Railway Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: In September 1987, James VanFleet, an employee of defendant, sustained injuries in Oakland, New Jersey, when he was pinned between a Gradall and a Chevrolet pick-up truck, both owned by defendant. Plaintiff, which issued a business auto policy to defendant’s parent corporation, was notified of the accident in April 1989. In August 1990, VanFleet commenced an action under the Federal Employers’ Liability Act (45 USC § 51 et seq.) in Federal district court against…
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