IN THE MATTER OF BUCK v. GRAPHIC ARTS MUTUAL INSURANCE COMPANY


19 A.D.3d 966 (2005)

799 N.Y.S.2d 289

In the Matter of CHARLES BUCK, JR., Respondent, v. GRAPHIC ARTS MUTUAL INSURANCE COMPANY, Appellant.

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

June 30, 2005.


During the course of his employment as a service technician at a motor vehicle repair shop, petitioner was injured when he was struck by a vehicle operated by a customer. Petitioner applied for and received $52,915 in workers' compensation benefits from respondent, the employer's workers' compensation carrier, and also received first party benefits under the no-fault provisions of Insurance Law article 51. Thereafter, in a third-party

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