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MATTER OF ESPOSITO v. PETRUZZI

278 A.D.2d 698 (2000)

719 N.Y.S.2d 300

In the Matter of the Claim of DAVID C. ESPOSITO, Respondent, v. RICHARD PETRUZZI et al., Respondents, and EMPIRE/ ALLCITY INSURANCE COMPANY, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided December 21, 2000.

Lahtinen, J.

Claimant was injured in an automobile accident while driving a taxicab leased from Richard Petruzzi. Empire/Allcity Insurance Company (hereinafter Empire), claimant's motor vehicle no-fault insurance carrier, denied claimant first-party benefits on the ground that claimant was injured during the course of his employment with Petruzzi and directed him to seek workers' compensation benefits. Following a hearing at which Empire was allowed to fully participate...

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