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COMMISSIONERS OF THE STATE INSURANCE FUND, Respondent, v. GEM STEEL ERECTORS INC. et al., Appellants, et al., Defendant.

Defendants failed to submit proof in admissible form sufficient to require a trial of material issues of fact ( Zuckerman v City of New York, 49 NY2d 557, 562). The documentation defendants submitted established that all corporate defendants were covered by the policy issued by the State Insurance Fund and that each entity was jointly and severally liable for premium payments, and there has been no showing that, until the commencement of this action, defendants ever objected to that arrangement ( see, Hartford Ace. Indent. Co. v Coastal Dry Dock Repair Corp., 97 AD2d 724, 726, affd 62 NY2d 924). Nor do defendants raise a triable issue of fact as to the methods employed by plaintiff in calculating the amounts of premiums. However, inconsistencies in the record as to the exact amount of the total premiums owed warrant a remand solely for a reassessment of that figure. We have considered defendants' remaining contentions and find them to be without merit.

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COMMR. OF ST. INS FUND v. GEM STEEL ERECTORS
(Mar 27, 1997)