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MATTER OF TUNISON v. P.C. RICHARDS & SON

257 A.D.2d 856 (1999)

684 N.Y.S.2d 311

In the Matter of the Claim of LYNDA TUNISON, Respondent, v. P. C. RICHARDS & SON et al., Appellants. UNINSURED EMPLOYERS' FUND, Respondent; WORKERS' COMPENSATION BOARD, Respondent.

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

Decided January 21, 1999.

Spain, J.

Claimant's decedent was employed by Outlaw Trucking Company (hereinafter Outlaw), a truck delivery service which had contracted to deliver merchandise for P. C. Richards & Son (hereinafter P. C. Richards). In October 1991, decedent was fatally injured when the motorcycle he was driving was struck by a van. Finding that decedent was a special employee of P. C. Richards and that decedent's death occurred during the course of such employment, the Workers...

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