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THOMAS v. BEST

104 A.D.2d 37 (1984)

Marian E. Thomas et al., Appellants, v. Robert M. Best et al., Individually and as Trustees of The Business Council of New York State, Inc. Insurance Fund, Defendants and Third-Party Plaintiffs-Respondents, et al., Third-Party Defendants

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

November 15, 1984

Attorney(s) appearing for the Case

Maney, McConville & Liccardi (William J. Roberts of counsel), for appellants.

Hayes & Lapetina (Harry R. Hayes, III, of counsel), for defendants and third-party plaintiffs-respondents.

MAHONEY, P. J., CASEY, WEISS and LEVINE, JJ., concur.

KANE, J.

David J. Thomas was employed as chief administrator of the Associated Industries of New York State, Inc. Insurance Fund (which was succeeded by the Business Council of New York State, Inc. Insurance Fund) (hereafter the Insurance Fund) under a contract dated July 23, 1974. The contract included, inter alia, a provision for deferred compensation accumulating at a rate of $10,000 per year, to be...

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