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IDS Property Casualty Insurance v. Wynter

Appellate Division of the Supreme Court of New York, First Department
Jun 22, 2010
74 A.D.3d 637 (N.Y. App. Div. 2010)

Opinion

June 22, 2010.

Order, Supreme Court, New York County (Leslie S. Lowenstein, Special Referee), entered on or about February 26, 2010, which denied petitioner's application to stay arbitration of respondent's uninsured motorist claim, unanimously affirmed, without costs.

Before: Gonzalez, P.J., Andrias, Catterson, Renwick and Manzanet-Daniels, JJ.


The record establishes that, at the time of the accident respondent was a passenger in an uninsured motor vehicle. He and the driver of the vehicle, a fellow employee, were on their way to a store where the driver intended to carry out a personal errand unrelated to work. Since respondent and the driver were not acting within the scope of their employment, workers' compensation, if it is a remedy, is not respondent's exclusive remedy ( see Workers' Compensation Law § 29; Macchirole v Giamboi, 97 NY2d 147, 150).


Summaries of

IDS Property Casualty Insurance v. Wynter

Appellate Division of the Supreme Court of New York, First Department
Jun 22, 2010
74 A.D.3d 637 (N.Y. App. Div. 2010)
Case details for

IDS Property Casualty Insurance v. Wynter

Case Details

Full title:In the Matter of IDS PROPERTY CASUALTY INSURANCE CO., Appellant, v…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 22, 2010

Citations

74 A.D.3d 637 (N.Y. App. Div. 2010)
903 N.Y.S.2d 393