Commissioners of State Insurance Fund v. Trio Asbestos Removal Corp.

In an action to recover unpaid premiums for a worker’s compensation insurance policy, the defendant appeals from an *344order of the Supreme Court, Westchester County (Lefkowitz, J.), dated November 12, 2003, which denied its motion for summary judgment dismissing the complaint and for judgment on its counterclaim.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion which was for summary judgment dismissing the claims to recover estimated premiums due for the policy period of November 13, 1993, through November 12, 1996, and…