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VILLAGE OF HERKIMER v. COUNTY OF HERKIMER

1472 CA 17-00988.

158 A.D.3d 1195 (2018)

70 N.Y.S.3d 632

2018 NY Slip Op 00756

VILLAGE OF HERKIMER, Appellant, et al., Plaintiffs, v. COUNTY OF HERKIMER, Individually and as Administrator of HERKIMER COUNTY SELF-INSURANCE PLAN, Respondent, et al., Defendants.

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

Decided February 2, 2018.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and the matter is remitted to Supreme Court, Oneida County, for further proceedings in accordance with the following memorandum: The Village of Herkimer (plaintiff) is a former member of the Herkimer County Self-Insurance Plan (Plan), which was created in 1956 pursuant to article 5 of the Workers' Compensation Law. In 2005, plaintiffs...

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