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MATTER OF GLOBAL LIBERTY INS. CO. OF N.Y. v. NORTH SHORE FAMILY CHIROPRACTIC, PC

10571. 28391/18E.

178 A.D.3d 525 (2019)

115 N.Y.S.3d 263

2019 NY Slip Op 08951

In the Matter of Global Liberty Insurance Company of New York, Appellant-Respondent, v. North Shore Family Chiropractic, PC, as Assignee of Ramon Martinez, et al., Respondents-Appellants.

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

Decided December 12, 2019.

Attorney(s) appearing for the Case

The Law Office of Jason Tenenbaum, P.C., Garden City ( Talia Beard of counsel), for appellant-respondent.

Gary Tsirelman, P.C., Brooklyn ( Gary Tsirelman of counsel), for respondents-appellants.

Concur—Richter, J.P., Manzanet-Daniels, Webber, Gesmer, JJ.

Petitioner failed to establish that respondents' assignor was injured in the course of his employment, and therefore that it properly denied his claim because workers' compensation benefits were available to him (see Westchester Med. Ctr. v American Tr. Ins. Co., 60 A.D.3d 848, 849 [2d Dept 2009]). Although the assignor was allegedly injured while driving a livery car, his license from...

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