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MUTUAL MARINE OFFICE, INC. v. JOY CONSTRUCTION CORPORATION

39 A.D.3d 417 (2007)

835 N.Y.S.2d 88

MUTUAL MARINE OFFICE, INC., et al., Respondents, v. JOY CONSTRUCTION CORPORATION, Appellant.

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

Decided April 26, 2007.

Plaintiff Marine Mutual Office (MMO), the managing agent for New York Marine and General (NYM & G), commenced an action in July 2004 to recover premiums, including additional premiums based upon a percentage of defendant's "gross receipts" pursuant to the terms of the insurance policies issued to defendant. The complaint alleged that defendant did not comply with the terms of the policies by refusing to make its books and records...

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