Opinion
Submitted February 25, 2000.
April 13, 2000.
In an action to recover insurance premiums, the plaintiff appeals from an order of the Supreme Court, Nassau County (McCarty, J.), dated May 20, 1999, which denied its motion for summary judgment.
Smith, Carroad, Levy, Arpino Finkel, LLP, Commack, N.Y. (Renee Miranda of counsel), for appellant.
Bonacic, Blustein Krahulik, LLP, Middletown, N.Y. (Burt J. Blustein of counsel), for respondent.
WILLIAM C. THOMPSON, J.P., GABRIEL M. KRAUSMAN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The proponent of a motion for summary judgment must make a prima facie showing of entitlement to judgment as a matter of law, and the failure to sustain this initial burden requires denial of the motion, regardless of the sufficiency of the opposing papers (see,Alvarez v. Prospect Hosp., 68 N.Y.2d 320 ; Zuckerman v. City of New York, 49 N.Y.2d 557 ; S.B. Schwartz Co. v. G H Real Estate Holding Corp., 265 A.D.2d 316 [2d Dept, Oct. 4, 1999]). Contrary to the plaintiff's contention, the brief affidavit of its employee and the documentary evidence it submitted in support of its motion were insufficient to establish, as a matter of law, that it properly calculated the additional premiums allegedly due on the policy (see, St. Paul Fire Marine Ins. Co. v. Capri Constr. Corp., 78 N.Y.2d 1016 ; cf., Family Coatings, Inc. v. Michigan Mut. Ins. Co., 170 A.D.2d 816 ). Accordingly, the Supreme Court did not err in denying the motion.