William M. Walton, Appellant v. Lumbermens Mutual Casualty Company, Respondent

Summary

The New York Court of Appeals affirmed the Appellate Division’s summary judgment, holding that the plaintiff’s injuries did not arise out of the use or operation of the insured truck and therefore no‑fault first‑party benefits are unavailable. The Court reasoned that because the injury was caused by a levelator, an instrumentality other than the vehicle, the statutory requirement that the vehicle be the proximate cause of the injury was not satisfied.