Summary
finding that "any reliance on the certificate of insurance produced by plaintiffs' broker is unavailing, as it is undisputed that no agency agreement existed between [insurer] and the broker"
Summary of this case from Muss Dev., LLC v. Nationwide Ins. Co.Opinion
15608 308813/12
07-02-2015
In re Kasheem Rhames, Petitioner-Respondent, v. City of New York, Respondent-Appellant.
Zachary W. Carter, Corporation Counsel, New York (Benjamin C. Roth of counsel), for appellant. Louis C. Fiabane, New York, for respondent.
Zachary W. Carter, Corporation Counsel, New York (Benjamin C. Roth of counsel), for appellant.
Louis C. Fiabane, New York, for respondent.
Order, Supreme Court, Bronx County (Julia Rodriguez, J.), entered April 17, 2014, which granted petitioner's motion to deny respondent City of New York's workers' compensation lien, unanimously reversed, on the law, without costs, and the motion denied.
Petitioner, an employee of the Department of Education, was injured when, while helping to unload a delivery of paper inside the school building where he worked, the skid that was carrying the paper fell on his foot. Under the circumstances presented, petitioner is not entitled to recover no-fault benefits (see Insurance Law § 5103[a][1]), since the delivery person's vehicle was clearly not a proximate cause of petitioner's injuries (see Walton v Lumbermens Mut. Cas. Co. , 88 NY2d 211, 215 [1996]). Accordingly, the application to deny the workers' compensation lien should have been denied.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: JULY 2, 2015
CLERK