Commissioners of the State Insurance Fund v Photocircuits Corporation

Commissioners of the State Ins. Fund v Photocircuits Corp. 2005 NY Slip Op 04698 Decided on June 9, 2005 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 9, 2005
Mazzarelli, J.P., Friedman, Sullivan, Nardelli, Gonzalez, JJ.
4857- 4857A

[*1]The Commissioners of the State Insurance Fund, Plaintiff-Respondent,

v

Photocircuits Corporation, Defendant-Appellant. Independent Insurance Agents and Brokers of New York, Inc., Amicus Curiae.




Arent Fox PLLC, New York (David N. Wynn of counsel), for
appellant.
Gellis & Melinger, LLP, New York (Jan Ira Gellis of counsel),
for respondent.
Law Offices of Ronald S. Pordy, New York (Ronald S. Pordy of
counsel), for Independent Insurance Agents and Brokers of New
York, Inc., amicus curiae.
Judgment, Supreme Court, New York County (Carol R.
Edmead, J.), entered November 20, 2003, reversed, on the law,
without costs, the judgment vacated, and both the motion and cross
motion for summary judgment denied. Appeal from order
(denominated a judgment), same court and Justice, entered October 9,
2003, dismissed, without costs, as subsumed in the appeal from
the judgment.
Opinion by Mazzarelli, J.P. All concur.

Order filed.