COMMISSIONERS OF STATE INS. FUND v. NY MINUTE MGT. CORP.

1777, 402625/09.

143 A.D.3d 407 (2016)

2016 NY Slip Op 06428

38 N.Y.S.3d 177

COMMISSIONERS OF THE STATE INSURANCE FUND, Respondent, v. NY MINUTE MANAGEMENT CORP. et al., Appellants.

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

Decided October 4, 2016.


In this action for nonpayment of workers' compensation premiums, even if SIF was not reasonably justified in submitting revised audit reports with its motion to renew, which it claims could only be generated after the court's finding on the initial motion for summary judgment that the drivers used by defendants were independent contractors, and thus not subject to defendants' workers' compensation policy with SIF, it was an appropriate exercise of the motion court's discretion...

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