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MATTER OF PROGRESSIVE CASUALTY INSURANCE COMPANY v. NEW YORK STATE INSURANCE FUND

47 A.D.3d 633 (2008)

850 N.Y.S.2d 478

In the Matter of PROGRESSIVE CASUALTY INSURANCE COMPANY, as Subrogee of STEPHEN MAFFEE, Appellant, v. NEW YORK STATE INSURANCE FUND, Respondent.

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

Decided January 8, 2008.

Ordered that the order is reversed, on the law, with costs, the petition is granted, and the arbitration award is vacated.

Zimone Brown, a sanitation worker employed by a company insured by the New York State Insurance Fund (hereinafter the NYSIF), was collecting garbage along his route when he was struck by an automobile driven by Stephen Maffee and insured by Progressive Casualty Insurance Company (hereinafter Progressive). The garbage truck that Brown was loading...

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