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MATTER OF MIHALARIS v. UTOG 2-WAY RADIO, INC.

299 A.D.2d 677 (2002)

749 N.Y.S.2d 599

In the Matter of the Claim of PANAGIOTIS MIHALARIS, Respondent, v. UTOG 2-WAY RADIO, INC., et al., Appellants, and AUGIE'S AUTO REPAIR, INC., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided November 14, 2002.

Lahtinen, J.

Claimant, a limousine driver, leased the vehicle he used from Augie's Auto Repair, Inc. (hereinafter Augie) and was dispatched to service customers by UTOG 2-Way Radio, Inc. (hereinafter UTOG). While stopped to elicit directions during the course of his work, he was assaulted and, as the vehicle was being stolen, he was dragged from the moving vehicle. He sustained serious injuries in the incident and filed a claim for workers' compensation benefits....

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