Palmo v. Straub
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCarpinello, J.
Appeal from an order of the Supreme Court (Reilly, Jr., J.), entered July 25, 2006 in Schenectady County, which granted plaintiffs motion to require State Farm Insurance Company to accept a certain sum in full satisfaction of its claim for overpayment.
Following an October 2002 car accident with defendant Erik J. Straub, plaintiff Joseph D. Palmo (hereinafter plaintiff), who was insured by State Farm Insurance Company, collected both workers’ compensation benefits and no-fault benefits for lost wages. By letter dated June 24, 2004, State Farm’s then at*1091torney notified, plaintiff that he…
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