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ROHRING v. NIAGARA FALLS

212 A.D.2d 320 (1995)

630 N.Y.S.2d 827

Eric Rohring, Respondent, et al., Plaintiff, v. City of Niagara Falls, Appellant and Third-Party Plaintiff. Falls Steel Erectors, Inc., Third-Party Defendant-Appellant. State Insurance Fund, Appellant. (Appeal No. 2.)

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

July 14, 1995

Attorney(s) appearing for the Case

Herzfeld & Rubin, P. C., New York City (Herbert Rubin, David B. Hamm, Miriam Skolnik and Edward C. Cosgrove of counsel), for appellants.

Raymond C. Green, New York City, for Falls Steel Erectors, Inc., third-party defendant-appellant, and State Insurance Fund, appellant.

Lustig & Brown, Buffalo, for City of Niagara Falls, appellant.

Paul William Beltz, P. C., Buffalo (Anne B. Rimmler and William A. Quinlan of counsel), for respondent.

DENMAN, P. J., LAWTON, WESLEY and BALIO, JJ., concur.

BOEHM, J.

We are again called upon to construe the language in CPLR article 50-B (see, Rohring v City of Niagara Falls, 192 A.D.2d 228, affd 84 N.Y.2d 60). This time the question concerns the requirements of the annuity contract to be posted as security pursuant to CPLR 5042 and 5043.

In his Labor Law §...

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