Commissioners of the State Insurance Fund v. Rock Enterprises Ltd.

—Order, Supreme Court, New York County (Elliott Wilk, J.), entered March 14, 1996 which, inter alia, denied plaintiff s motion for summary judgment, unanimously affirmed, without costs.

The affidavits of the three individuals at issue raised questions of fact as to whether they were independent contractors during the time period in which the premiums in question were assessed. Concur—Rosenberger, J. P., Wallach, Nardelli and Rubin, JJ.