MATTER OF IDS PROPERTY CASUALTY INSURANCE CO. v. WYNTER

3100, 104916/09.

74 A.D.3d 637 (2010)

903 N.Y.S.2d 393

In the Matter of IDS PROPERTY CASUALTY INSURANCE CO., Appellant, v. CHARLES WYNTER, Respondent.

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

Decided June 22, 2010.


The record establishes that, at the time of the accident respondent was a passenger in an uninsured motor vehicle. He and the driver of the vehicle, a fellow employee, were on their way to a store where the driver intended to carry out a personal errand unrelated to work. Since respondent and the driver were not acting within the scope of their employment, workers' compensation, if it is a remedy, is not respondent's exclusive remedy (see Workers' Compensation Law...

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