MATTER OF D'ACCORDO v. SPARE WHEELS AND CAR SHOPPE OF SAYVILLE


257 A.D.2d 966 (1999)

684 N.Y.S.2d 343

In the Matter of the Claim of SETTIMITO R. D'ACCORDO, Respondent, v. SPARE WHEELS AND CAR SHOPPE OF SAYVILLE et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided January 28, 1999.


Spain, J.

Claimant was employed as an automobile salesperson when he was injured in an accident while driving one of the employer's vehicles. The record indicates that the employer provided claimant with a different demonstrator vehicle every week and customarily granted him permission to switch the dealer plates from his demonstrator vehicle to any other vehicle that a potential customer wished to view at a location other than the employer's premises. On the evening...

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