Westchester Express, Inc. v. State Insurance Fund

Order, Supreme Court, New York County (David B. Saxe, J.), entered on May 16, 1988, which denied petitioner’s motion for a stay of cancellation of the workers’ compensation insurance policy, dismissed petitioner’s application with prejudice, deemed respondent’s counterclaim timely served and granted respondent’s motion for summary judgment on its counterclaim for unpaid premiums, unanimously modified, on the law, to deny summary judgment on the counterclaim, the petition is reinstated, and the matter remanded with leave to petitioner to serve its reply to the counterclaim not later than 20…