Opinion
11084 Index 403442/10
02-20-2020
COMMISSIONERS OF the STATE INSURANCE FUND, Plaintiff–Appellant, v. TITANIUM INTERIORS, INC., Defendant–Respondent.
Peter Cusick, New York (Isaac N. Guy Okafor of counsel), for appellant. Lugara PLLC, Brooklyn (Lorenzo Lugara of counsel), for respondent.
Peter Cusick, New York (Isaac N. Guy Okafor of counsel), for appellant.
Lugara PLLC, Brooklyn (Lorenzo Lugara of counsel), for respondent.
Renwick, J.P., Mazzarelli, Gesmer, Kern, JJ.
Order, Supreme Court, New York County (Alan C. Marin, J.), entered January 30, 2019, which, to the extent appealed from, denied in part plaintiff's motion for summary judgment on its claim for unpaid workers' compensation premiums with interest to run from the date the policy was canceled, unanimously reversed, on the law, without costs, and the motion granted in its entirety.
Plaintiff's business records, which include the insurance application, audit worksheets, and resulting invoices and statement of accounts for a balance due, establish prima facie that it is entitled to judgment in the full amount that it sought (see e.g. Commissioners of State Ins. Fund v. Allou Distribs., 220 A.D.2d 217, 632 N.Y.S.2d 5 [1st Dept. 1995] ). In opposition, defendant failed to raise an issue of fact. Defendant claims that plaintiff incorrectly included already insured subcontractors in its premium calculations, but it failed to submit evidence supporting the claim, such as certificates of insurance for those subcontractors claimed to have obtained coverage otherwise (see Commissioners of State Ins. Fund v. Yesmont & Assoc., 226 A.D.2d 147, 148, 640 N.Y.S.2d 86 [1st Dept. 1996] ). Statutory interest should be calculated from the date of the cancellation of the policy (see Workers' Compensation Law § 93[a] ; see also CPLR 5004 ).