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  5. 85 A.D.2d 201 (1982)
 

MATTER OF EMPIRE MUT. INS. CO. (BARONE)

85 A.D.2d 201 (1982)

In the Matter of the Rehabilitation of The Empire Mutual Insurance Company, Respondent. Armando Barone, Appellant

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

March 9, 1982

Attorney(s) appearing for the Case

Philip Hoffer of counsel (Rose L. Hoffer with him on the brief; Raymond J. MacDonnell, attorney), for respondent.

Ira Leitel and David Jaroslawicz for appellant.

KUPFERMAN, J. P., and CARRO, J., concur with SULLIVAN, J.; SANDLER and ROSS, JJ., dissent in an opinion by SANDLER, J.

SULLIVAN, J.

Claimant Armando Barone appeals from an order confirming the referee's report and denying and dismissing his first-party benefits claim against Empire Mutual Insurance Company, which is in rehabilitation pursuant to article 16 of the Insurance Law.

The facts are not in dispute. Mr. Barone, an independent contractor making a masonry repair, was injured on April 10, 1978 on the premises of Elan's Service Station when he was struck by...

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