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TRIBORO COACH v. STATE

72 A.D.2d 228 (1980)

Triboro Coach Corporation, Appellant, v. State of New York et al., Respondents. (Claim No. 62565.)

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

February 14, 1980

Attorney(s) appearing for the Case

Douglas A. Cooper and Jerome Cooper for appellant.

Robert Abrams, Attorney-General (Henderson G. Riggs, Shirley Adelson Siegel and Jeremiah Jochnowitz of counsel), for respondents.

SWEENEY, MAIN, CASEY and HERLIHY, JJ., concur.

MAHONEY, P. J.

The sole issue on this appeal is whether an employer's workers' compensation carrier, which has paid benefits to an injured employee of its insured, can also be required to indemnify its insured for the costs of "first-party benefits" paid to the same employee pursuant to this State's no-fault law (Insurance Law, art 18). The Court of Claims, relying on Ryder Truck Lines v Maiorano (

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