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ACE FIRE UNDERWRITERS INS. CO. v. SPECIAL FUNDS CONSERVATION COMMITTEE

No. 177

28 N.Y.3d 1084 (2016)

66 N.E.3d 1088

44 N.Y.S.3d 370

2016 NY Slip Op 07833

ACE FIRE UNDERWRITERS INSURANCE COMPANY, Care of Sedgwick CMS, Appellant, v. SPECIAL FUNDS CONSERVATION COMMITTEE, Respondent.

Court of Appeals of New York.

Decided November 22, 2016.

Attorney(s) appearing for the Case

Stewart, Greenblatt, Manning & Baez, Syosset (Lisa Levine of counsel), for appellant.

Steven M. Licht, Special Funds Conservation Committee, Albany (Jill B. Singer of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the matter remitted to Supreme Court for further proceedings in accordance with this memorandum.

A Coca-Cola Bottling Company employee sustained a work-related injury in March 2007 and was awarded workers' compensation benefits. The benefits are payable by petitioner Ace Fire Underwriters Insurance Company, Coca-Cola's workers' compensation insurance...

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