LACKAWANNA GAIGE SON GROCERY INC DOING BUSINESS AS CORNING JUBILEE TJ MARKET INC DOING BUSINESS AS HORSEHEADS JUBILEE BB SUPERMARKETS INC DOING BUSINESS AS ATTICA JUBILEE BNR LARSON LLC DOING BUSINESS AS CORFU IGA AND GIFT EXPRESS OF NEW YORK INC DOING BUSINESS AS THE MARKET IN THE SQUARE ON THEIR OWN BEHALF AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED AS THEY AS FORMER EMPLOYEE MEMBERS PARTICIPANTS IN THE WHOLESALE AND RETAIL WORKERS COMPENSATION TRUST OF NEW YORK PLAINTIFFS RESPONDENTS v. APPEAL NO (2011)

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

LACKAWANNA, GAIGE & SON GROCERY, INC., DOING BUSINESS AS CORNING JUBILEE, TJ'S MARKET, INC., DOING BUSINESS AS HORSEHEADS JUBILEE, BB & T SUPERMARKETS INC., DOING BUSINESS AS ATTICA JUBILEE, BNR-LARSON, LLC, DOING BUSINESS AS CORFU IGA, AND GIFT EXPRESS OF NEW YORK, INC., DOING BUSINESS AS THE MARKET IN THE SQUARE, ON THEIR OWN BEHALF AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED AS THEY, AS FORMER EMPLOYEE MEMBERS/PARTICIPANTS IN THE WHOLESALE AND RETAIL WORKERS' COMPENSATION TRUST OF NEW YORK, PLAINTIFFS-RESPONDENTS, v. COMPENSATION RISK MANAGERS, LLC, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

CA 10-01069

Decided: March 25, 2011

PRESENT:  SCUDDER, P.J., FAHEY, CARNI, GREEN, AND GORSKI, JJ.

HITCHCOCK & CUMMINGS, LLP, NEW YORK CITY (CHRISTOPHER B. HITCHCOCK OF COUNSEL), AND CONNORS & VILARDO, LLP, BUFFALO, FOR DEFENDANT-APPELLANT. PHILLIPS LYTLE LLP, BUFFALO (KENNETH A. MANNING OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.