It is not clear from the decision of the IAS court dated March 10, 1988, or the order filed by it on May 16, 1988, whether the court intended to grant summary judgment or judgment by way of default upon respondent's counterclaim for the collection of unpaid workers' compensation policy premiums and other relief. As a matter of practice summary judgment under CPLR 3212 (a) would not lie because issue had not been joined on the counterclaim, properly treated by the court as...
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