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PALMO v. STRAUB

45 A.D.3d 1090 (2007)

845 N.Y.S.2d 549

JOSEPH D. PALMO et al., Respondents, v. ERIC J. STRAUB et al., Defendants. STATE FARM INSURANCE COMPANY, Appellant.

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

Decided November 15, 2007.

Carpinello, J.

Following an October 2002 car accident with defendant Erik J. Straub, plaintiff Joseph D. Palmo (hereinafter plaintiff), who was insured by State Farm Insurance Company, collected both workers' compensation benefits and no-fault benefits for lost wages. By letter dated June 24, 2004, State Farm's then attorney notified plaintiff that he received an overpayment slightly in excess of $10,857 and demanded reimbursement...

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