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WESTERN BUILDING RESTORATION COMPANY, INC. v. LOVELL SAFETY MANAGEMENT COMPANY, LLC

61 A.D.3d 1095 (2009)

876 N.Y.S.2d 733

WESTERN BUILDING RESTORATION COMPANY, INC., Respondent-Appellant, v. LOVELL SAFETY MANAGEMENT COMPANY, LLC, Appellant-Respondent.

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

Decided April 2, 2009.

McCARTHY, J.

Plaintiff, a wholly owned subsidiary of a Massachusetts corporation, is a construction company with an office in New York. In December 1989, it purchased a workers' compensation and employers' liability policy through the State Insurance Fund (hereinafter Fund) and four years later became a member of a safety group consisting of like construction companies (see 12 NYCRR 451.1, 451.2, 451.7). Defendant was that safety group's manager (see

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