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STATE OF NEW YORK WORKERS' COMPENSATION BOARD v. 26-28 MAPLE AVENUE, INC.

510384.

80 A.D.3d 1135 (2011)

915 N.Y.S.2d 744

STATE OF NEW YORK WORKERS' COMPENSATION BOARD, Plaintiff, v. 26-28 MAPLE AVENUE, INC., et al., Defendants, and DAN HUDON SALES, INC., et al., Defendants and Third-Party Plaintiffs-Respondents. SCALZO, ZOGBY & WITTIG, INC., Third-Party Defendant-Appellant.

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

Decided January 27, 2011.

GARRY, J.

In 2004, 2005 and 2006, defendants Dan Hudon Sales, Inc. and Hudon's Sled Salvage, Inc. (hereinafter collectively referred to as Hudon) were members of the Manufacturing Self-Insurance Trust (hereinafter MSIT), a workers' compensation group self-insured trust (see Workers' Compensation Law § 50 [3-a]; 12 NYCRR part 317). In 2006, plaintiff informed MSIT that the trust was operating with a significant deficit, did not meet financial standards...

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