McCARTHY, J.
In 1997, several employers in the healthcare field created the New York Health Care Facilities Workers' Compensation Trust (hereinafter the Trust), a group self-insured trust designed to pay workers' compensation benefits to the members' employees. Defendant Rome Memorial Hospital, Inc. (hereinafter defendant) was a member of the Trust from 1999 to 2003. Beginning in 1999, the Trust began operating at a level where its liabilities exceeded its assets...
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