Commissioners of the State Insurance Fund v. Warner

Order, Supreme Court, New York County (Edward Lehner, J.), entered on or about August 15, 1988, insofar as it denied defendant’s cross motion for summary judgment, unanimously affirmed, without costs.

In this action, plaintiff seeks to recover premiums for workers’ compensation insurance for a theatrical venture conducted by the Whoopee National Company, with which it is alleged defendant Jack Warner was associated. In response to plaintiff’s motion for summary judgment, defendant Warner *132denied that he was affiliated with Whoopee as a partner or in any capacity other than as an independent…