Just as in the N.Y. Workers’ Compensation Board v. Wang case, so Accredited Aides Plus, Inc. v Program Risk Mgt., Inc. 2017 NY Slip Op 00058 Decided on January 5, 2017 Appellate Division, Third Department Garry, J.P., J. deals with groups that have failed to make sure that their Workers’ Compensation programs actually follow generally accepted accounting and insurance procedures, and have gone belly-up.  As to the attorney: “The cause of action for common-law indemnification against Hodes as counsel was properly dismissed because plaintiffs failed to allege that Hodes violated a shared duty to ensure the trust’s solvency; instead, the complaint alleged that Hodes owed and breached duties to the trust to provide various professional legal services (see State of N.Y. Workers’ Compensation Bd. [*8]v Madden, 119 AD3d at 1024; see also Lovino, Inc. v Lavallee Law Offs., 96 AD3d 909, 909-910 [2012]; Jakobleff v Cerrato, Sweeney & Cohn, 97 AD2d 786, 786 [1983]). Further, the causes of action against Hodes for fraud, fraud in the inducement and negligent misrepresentation, unlike the similar claims against the PRM defendants, impermissibly intermingle derivative claims that allege harm to the trust’s management and financial condition. These claims against Hodes are almost wholly addressed to harm caused to the trust by Hodes’ alleged improper selection of trustees, knowledge of improper use of member premiums, failure to monitor the trust’s affairs and other alleged acts and omissions. While a direct allegation is included that Hodes induced plaintiffs to join the trust by, among other things, providing false and misleading information about the trust’s resulting financial condition, this claim is “inextricably embedded in the derivative claim[s]” against the trust (Serino v Lipper, 123 AD3d at 41; compare Craven v Rigas, 85 AD3d 1524, 1527 [2011], appeal dismissed 17 NY3d 932 [2011])[FN3]. Accordingly, these claims were properly dismissed.”