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STATE INS COMMRS v. BRANICKI

2 Misc.3d 972 (2004)

775 N.Y.S.2d 443

COMMISSIONERS OF STATE INSURANCE FUND, Plaintiff, v. BERNARD BRANICKI, Doing Business as BBC CONSTRUCTION, Defendant.

Civil Court of the City of New York, Kings County.

February 10, 2004.

Attorney(s) appearing for the Case

Maidenbaum & Associates P.L.L.C. (Amy J. Carter of counsel), for plaintiff.

Steve C. Okenwa for defendant.

OPINION OF THE COURT

MANUEL J. MENDEZ, J.

Plaintiff brings this breach of contract action to recover unpaid premiums in the amount of $17,521.87 inclusive of interest and 22% collection fees. Defendant asserts that no money is owed because he made the required payments prior to the policy cancellation and additionally, pursuant to Workers' Compensation Law § 2 (3) and (4), he is self-employed and not an employer or employee subject to the mandatory...

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