Opinion
October 13, 1987
Appeal from the Supreme Court, Westchester County (Ruskin, J.).
Ordered that the order is affirmed, with costs.
In contrast to the plaintiff's detailed specifications and evidentiary support of its assertions on its motion for summary judgment, the defendant's papers consist of conclusory, general charges and do not document, or in any respect provide, any instances of the alleged misclassifications, misratings or "abusive audit practices in violation of the regulations of the New York State Insurance Department".
Although, following the commencement of the litigation, the defendant sent a written complaint to the New York State Insurance Department to the effect that the earned premium claimed by the plaintiff based on the worksheets does not agree with the defendant's payroll records, the defendant has not made any effort to document that claim with specifications and copies of its records showing any alleged discrepancies vis-a-vis the plaintiff's records. Mangano, J.P., Bracken, Brown and Niehoff, JJ., concur.