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COMRS., STATE INS. FUND v. REGENSTREIF

27 Misc.2d 1049 (1960)

Commissioners of the State Insurance Fund, Appellants, v. Nat Regenstreif et al., Individually and as Copartners, Doing Business as Regency Plastics Co., et al., Respondents.

Supreme Court, Appellate Term, First Department.

December 1, 1960

Attorney(s) appearing for the Case

Charles G. Tierney, Harry Schechter and Milton L. Freedman for appellants. Gary Karp for respondents.

Concur — HECHT, J. P., STEUER and TILZER, JJ.

Per Curiam.

The partial defenses alleged by defendants in resistance of plaintiffs' claim involve the correctness and propriety of payroll rates and classifications assigned to defendants' employees and cannot be raised until defendants exhaust the mandatory administrative procedure to be followed by an assured in contesting rates and classifications. (See Commissioners of State Ins. Fund v. Mascali-Robke...

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