MATTER OF ELRAC, INC. v. EXUM

2580N, 260539/08

73 A.D.3d 431 (2010)

901 N.Y.S.2d 19

In the Matter of ELRAC, INC., Respondent, v. BIRTIS EXUM, Appellant.

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

Decided May 4, 2010.


Where respondent, operating a motor vehicle owned by petitioner, who was his employer, was in an accident with an uninsured motorist, the court erred in granting the petition to stay arbitration of his uninsured motorist claim against petitioner. Petitioner argues that since the accident occurred in the regular course of respondent's employment, the exclusivity provisions of the Workers' Compensation Law preclude respondent from arbitrating a claim against his employer, who...

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