State of NY, Workers' Compensation Bd. v. A & T Healthcare, LLC (85 AD3d 1436, 927 N.Y.S.2d 165 [3d Dept 2011], a decision of the Appellate Division. Third Department, concerned an action by the WCB to collect assessments from former GSIT members.
In rejecting defendants' statute of limitations defense, the Third Department held that the WCB's cause of action for breach of contract accrued when the former trust members refused to pay the assessments in accordance with their obligation under the operative trust agreement (85 AD3d at 1437-1438).
In so doing, the Court rejected defendants' argument that the WCB's cause of action accrued when it was aware of deficits in the trust and could have levied against current and former trust members (id.).