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COMRS OF INS FUND v. KAPLAN

89 Misc.2d 610 (1977)

Commissioners of the State Insurance Fund, Plaintiffs, v. Alan R. Kaplan, Doing Business as Capital Cleaning Contractors, Defendant.

Civil Court of the City of New York, New York County.

March 2, 1977

Attorney(s) appearing for the Case

Peter M. Pryor and Kenneth R. Berman for plaintiffs. Nydick & Ross for defendant.

FELICE K. SHEA, J.

In this action brought by the Commissioners of the State Insurance Fund (Fund) for premiums under a policy of workmen's compensation insurance, the legal issue presented is what standard the court should apply in determining whether defendant "employed" maintenance men in the conduct of his cleaning business or whether defendant "sold" maintenance work to "buyers" who operated independently...

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