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METAL GOODS AND MANUFACTURERS INSURANCE TRUST FUND v. ADVENT TOOL & MOLD, INC.

19 Misc.3d 608 (2008)

853 N.Y.S.2d 841

METAL GOODS AND MANUFACTURERS INSURANCE TRUST FUND, Plaintiff, v. ADVENT TOOL & MOLD, INC., et al., Defendants.

Supreme Court, Erie County.

February 5, 2008.

Attorney(s) appearing for the Case

Hiscock & Barclay, LLP, Buffalo (Bruce S. Zeftel of counsel), for plaintiff.

Lippes Mathias Wexler Friedman LLP, Buffalo (John J. Giardino, Kevin J. Cross and Divitta M. Alexander of counsel), for Advent Tool & Mold, Inc. and others, defendants.

E. Peter Pfaff, East Aurora, for West Falls Machine Co., Inc. and another, defendants.

OPINION OF THE COURT

JOSEPH G. MAKOWSKI, J.

Background

Plaintiff, Metal Goods and Manufacturers Insurance Trust Fund, is a New York workers' compensation self-insurance trust fund organized pursuant to the Workers' Compensation Law and 12 NYCRR part 317.

On or about December 1, 1991, the Trust Fund was formed for the purpose of providing a fund for receiving contributions and to provide benefits for eligible employees in accordance with...

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