COMMISSIONERS OF THE STATE INSURANCE FUND v. WIZ CONSTRUCTION COMPANY, INC.


289 A.D.2d 943 (2001)

734 N.Y.S.2d 769

COMMISSIONERS OF THE STATE INSURANCE FUND, Appellant, v. WIZ CONSTRUCTION COMPANY, INC., Respondent.

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

Decided December 21, 2001.


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied plaintiff's motion for summary judgment. Plaintiff commenced this action seeking to recover premiums allegedly due under a workers' compensation policy issued by plaintiff to defendant. Plaintiff contends that it is entitled to judgment as a matter of law pursuant to a "notice" that was sent with the subject policy. We disagree. The policy provides that the premium basis includes...

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