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OSTRER v. SCHENCK

41 N.Y.2d 782 (1977)

Benjamin Ostrer, Respondent, v. Benjamin R. Schenck, as Superintendent of Insurance of the State of New York, Appellant.

Court of Appeals of the State of New York.

Decided June 7, 1977.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Robert S. Hammer and Samuel A. Hirshowitz of counsel), New York City, for appellant.

Philip R. November, New York City, for respondent.

Chief Judge BREITEL and Judges JONES, FUCHSBERG and COOKE concur; Judges GABRIELLI and WACHTLER taking no part.

JASEN, J.

In June, 1973, the Superintendent of Insurance promulgated regulation 65 (11 NYCRR Part 202), which limits to specified maximum levels, adjusted for volume, the commissions an insurance agent may receive for life insurance policies issued on a mass-merchandising basis under plans sponsored by union-management employee welfare funds. The issue on this appeal is whether regulation 65 conflicts with positive...

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