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NEW YORK STATE WORKERS' COMPENSATION BD. v. MARSH U.S.A., INC.

518898

126 A.D.3d 1085 (2015)

5 N.Y.S.3d 547

2015 NY Slip Op 01848

NEW YORK STATE WORKERS' COMPENSATION BOARD, as Administrator of the Workers' Compensation Law and Attendant Regulations, and as Successor in Interest to THE BUILDERS' SELF-INSURANCE TRUST, Appellant, v. MARSH U.S.A., INC., et al., Respondents, et al., Defendants.

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

Decided March 5, 2015.

Appeal from an order of the Supreme Court (Platkin, J.), entered October 18, 2013 in Albany County, which partially granted certain defendants' motions to dismiss the complaint against them.

By a 1998 agreement and declaration of trust (hereinafter the Trust agreement), The Builders' Self-Insurance Trust (hereinafter

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