Kerr v. Underwriters Adjusting Co.

Judgment unanimously reversed, without costs, and complaint dismissed. Memorandum: The respondent Kerr is a detective employed by the defendant Village of North Syracuse. While in the performance of his duties he was struck by an automobile owned by appellant Rice and insured by appellant State Farm Mutual Automobile Insurance Company. Respondent has collected benefits under the provisions of section 207-c of the General Municipal Law, and he has also been paid workmen’s compensation benefits pursuant to a compensation insurance policy between the village and the defendant Glens Falls…