Commissioner of State Insurance Fund v. F & V Distribution Co., LLC

In an action to recover allegedly unpaid premiums for a workers’ compensation insurance policy, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Galasso, J.), entered June 2, 2008, which, upon a decision of the same court dated April 3, 2008, made after a nonjury trial, and upon the granting of that branch of the defendant’s motion which was *625pursuant to CPLR 4401, made at the close of the evidence, for judgment as a matter of law for failure to establish a prima facie case, is in favor of the defendant and against it dismissing the complaint.

Ordered that the judgment…