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LOTITO v. SALT CITY PLAYHOUSE

66 A.D.2d 437 (1979)

In the Matter of the Claim of Joseph N. Lotito, Respondent, v. Salt City Playhouse et al., Respondents, and AMICA Insurance Company, Appellant. Workers' Compensation Board, Respondent

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

February 22, 1979

Attorney(s) appearing for the Case

Hancock, Estabrook, Ryan, Shove & Hust (Robert A. Small of counsel), for appellant.

McDonough, Digby & Connelly (Charles M. Connelly of counsel), for Salt City Playhouse and another, respondents.

Louis J. Lefkowitz, Attorney-General (Henriette Frieder and Daniel Polansky of counsel), for Workers' Compensation Board, respondent.

SWEENEY, J. P., KANE, STALEY, JR., and MIKOLL, JJ., concur.

HERLIHY, J.

The appellant became liable to the claimant for first-party benefits under the no-fault provision of the Insurance Law for personal injuries sustained by him while a passenger in an automobile accident occurring on October 21, 1975. The appellant maintains that since workers' compensation benefits are offset against its liability pursuant to subdivision 2 of section 671 of the Insurance Law, it has...

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