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COMRS. STATE INS. v. RIVINGTON FARM

16 A.D.2d 58 (1962)

Commissioners of the State Insurance Fund, Appellants, v. Rivington Farm Dairy, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

March 6, 1962.

Attorney(s) appearing for the Case

Henry Katz of counsel (Harry Schechter, Harold Klein, Raymond C. Green and Milton L. Freedman with him on the brief; Joseph M. Soviero, attorney), for appellants.

Herbert L. Maltinsky of counsel (Robert B. Marcus with him on the brief; Harry L. Marcus, attorney), for respondent.

BOTEIN, P. J., BREITEL, RABIN, VALENTE and McNALLY, JJ., concur.

Per Curiam.

This action is brought by the Commissioners of the State Insurance Fund (Fund) to recover premiums allegedly due from defendant under a policy of workmen's compensation and employers' liability insurance issued to it by the Fund. After trial without a jury plaintiffs' complaint was dismissed. Premiums under a policy forming the basis for this suit are based on the remuneration earned during the policy period...

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