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BEGOR v. HOLMES

506814

71 A.D.3d 244 (2010)

894 N.Y.S.2d 182

In the Matter of the Claim of SHANE BEGOR, Claimant, v. MARK HOLMES, Doing Business as FOUR SEASONS LOGGING, et al., Respondents, and BRENNER & McHUGH, INC., et al., Respondents, and AMERICAN ZURICH INSURANCE COMPANY, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided January 14, 2010.

Attorney(s) appearing for the Case

Gibson & Behman, P.C., New York City ( Ron L. Langman of counsel), for appellant.

Gregory J. Allen , State Insurance Fund, White Plains ( Kelly A. O'Neill of counsel), for Brenner & McHugh, Inc. and another, respondents.

CARDONA, P.J., ROSE, MALONE JR. and STEIN, JJ., concur.

OPINION OF THE COURT

GARRY, J.

In 2001, claimant was injured in a logging accident while employed by Mark Holmes, a subcontractor doing business as Four Seasons Logging. Four Seasons had no workers' compensation insurance. Claimant died from complications of his injuries in 2005. The general contractor on the project, Brenner & McHugh, Inc., had been hired by the landowner to develop the property. At the time of the accident, Brenner had workers' compensation...

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