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COMM'RS OF STATE INS. FUND v. BLANK

205 Misc. 322 (1954)

Commissioners of State Insurance Fund, Plaintiffs, v. Leo Blank, Doing Business as Modern Homes Co., Defendant.

Supreme Court, Special Term, New York County.

January 21, 1954.

Attorney(s) appearing for the Case

Bernard Katzen, William H. Steiglitz, Harry Schechter and Raymond C. Green for plaintiffs.

Benjamin M. Goldstein for defendant.

MATTHEW M. LEVY, J.

This action is brought to recover premiums alleged to be due on a policy of insurance issued pursuant to the Workmen's Compensation Law. The plaintiffs move to strike out the three affirmative defenses contained in the answer.

The first defense claims misnomer of parties plaintiffs. Section 93 of the Workmen's Compensation Law provides that actions may be brought "in the name of the...

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