Aetna Casualty & Surety Co. v. Loy

Judgment, Supreme Court, New York County (Bowman, J.), entered November 25,1983, permanently staying the arbitration demanded by respondent against petitioner, unanimously modified, on the law, without costs or disbursements, to strike the first decretal paragraph and, except as thus modified, affirmed.

Respondent, a highway equipment operator with the New York State Department of Transportation, was injured in the course of his employment while operating an asphalt-heating machine, known as an inferay, on the Long Island Expressway. As respondent bent down to light a propane burner on the…