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WALTON v. LUMBERMENS MUT. CO.

88 N.Y.2d 211 (1996)

666 N.E.2d 1046

644 N.Y.S.2d 133

William M. Walton, Appellant, v. Lumbermens Mutual Casualty Company, Respondent.

Court of Appeals of the State of New York.

Decided June 5, 1996.

Attorney(s) appearing for the Case

Bohl, Della Rocca & Dorfman, P. C., Albany (John E. Dorfman of counsel), for appellant.

Thuillez, Ford, Gold & Conolly, LLP, Albany (Michael J. Hutter of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH and CIPARICK concur; Judge LEVINE taking no part.

SIMONS, J.

Plaintiff was injured while unloading a truck at a supermarket loading dock and sought no-fault benefits from defendant, the insurer of the truck. The sole issue before the Court is whether plaintiff's injuries arose out of the use or operation of the truck within the meaning of Insurance Law § 5102 (b). We hold that where a person's injuries were produced...

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